From yesterday's WSJ comes a story about how one cranky guy shut down a garage band haven in Columbia, South Carolina called the "Sheds," once home to Hootie and the Blowfish. The storage units that housed the music were, according to the story, "far from residences, on an industrial strip bordered by two sets of railroad tracks and near fields used by the USC's athletic teams."
Clif Judy lived a half mile from the Sheds and preferred to listen to unadulterated crickets. "I don't like Hootie & the Blowfish," he says. "When they play, it sounds like they broke something." In fact, Mr. Judy's "tastes tend toward Bach and Christmas carols." He writes a lot of letters to newspapers and hands out rewards to people with neat yards. Mr. Judy called it "an issue of an old fella getting tired of listening to them, with their tattoos, down there having a good time."
There was no problem with a noise ordinance. Mr. Judy found only one other person who was bothered. She said: "I tell him I hear [the bands], but I can't say I really do." She "asked not to be identified for fear of antagonizing Mr. Judy." But Mr. Judy used his expertise from sitting on a zoning board and owning a strip mall to lodge a complaint based on inadequate wiring for electric guitars. As a result, the Sheds were shut to music.
At the same time I was reading the WSJ story, I was also reading Terry Anderson's excellent article, Donning Coase-Coloured Glasses: A Property Rights View of Natural Resource Economics. I met Terry last summer during my stimulating two week stint at PERC in Bozeman, Montana last summer.
From Terry's article:
Suppose there is an apartment building with two apartments. In one apartment lives a person who enjoys music and values louder and louder music * * *. [A]dditional decibels provide more value to the music lover, but the marginal value of decibels declines until it reaches zero at the maximum number of decibels that can be produced by his equipment. In the other apartment lives a person who values quiet such that fewer decibels of noise are worth more with the marginal value of quiet declining until it reaches zero with no noise. * * *
Consider a case where there are no rules regarding noise in the apartment building and where the quiet lover moves in first. When the music lover moves in and turns his stereo up to full volume, the quiet lover will clearly have reduced value of quiet. He is likely to respond by knocking on the door of the music lover asserting a first possession right to be free of noise [citation omitted]. Assuming that he can defend this right both morally and legally and sell it, the costs are fully accounted for when the music lover compensates the quiet lover for the costs he bears or ceases producing music.
If the quiet lover cannot defend his right to quiet, there will be too much noise because the music lover is not bearing the cost of lost quiet. But * * * even this discussion requires considering Coasean transaction costs associated with defining and enforcing property rights relative to the value of the rights.
Now reverse the arrival of the dwellers so that the music lover is the first possessor of an apartment. When the quiet lover moves in, he might again knock on the door of the music lover and assert that a cost has been imposed on him. But in this case the music lover is likely to assert a right to play his music as loudly as he likes based on first possession. Assuming he can defend his right, the costs will again be fully accounted for when the quiet lover compensates the music lover for his reduced decibels or puts up with the music. If the quiet lover could force the music lover to reduce the volume without compensation; that is, the music lover cannot defend his rights, there will be too much quiet because the quiet lover is not bearing the cost of reduced decibels.
This example illustrates Coase's important realization that social costs are reciprocal. If the quiet lover has the right to be free of noise, the music lover will bear the cost of scarcity, and if the music lover has the right to music, the quiet lover will bear the cost of scarcity. How the rights are assigned will affect who bears the costs and, depending on transaction costs, may affect resource allocation and certainly will affect wealth distribution.
Even in the absence of property rights, reciprocal costs remain, but without property rights there is no way to say who is imposing costs on whom and no way to say there is an externality.
Note that in the Sheds case, both the Sheds and Mr. Judy had been there for a long time, and that the Sheds were not obviously out of place, noise-wise. It seems that property rights were unclear.
Anderson's article discusses various ways to develop the appropriate property rights, including contracting among the affected parties. He does not discuss electric codes, which clearly were not designed to deal with this problem. But of course we live in a world where regulations are so pervasive that we can expect them to create de facto property rights, intended or not.
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