Tax code uber alles

A recent piece in Smithsonian magazine, The Death and Rebirth of the Mall, points to a 1996 article by Tom Hanchett, staff historian at the Levine Museum of the New South, that I read almost 20 years ago. As always, Hanchett’s thinking and research were impressive. But this article opened my eyes to a reality: Our cities and our neighborhoods are shaped less by city planners or the wishes of the people than by intricacies in tax laws and financing strategies.

It’s like the time I realized (because David Walters told me) that the reason suburban sprawl didn’t happen in Britain and Europe the way it does in the U.S. is because the laws there don’t allow developers to build outside of the urban growth boundary. Until then I thought it was because Europeans were somehow more in tune with the beauties of nature and the importance of farms. Nope. It’s what their laws say.

Hanchett’s 1996 article, “U.S. Tax Policy and the Shopping-Center Boom,” in the American Historical Review, describes how a small change in the U.S. tax code in 1954 – creating something called accelerated depreciation – “fundamentally altered the economics of real-estate development in the United States.”

If you read the whole article you’ll get a clear explanation of things like 200 percent declining balance and sum-of-the-years’-digits accelerated depreciation. If you’re a real estate finance expert, you already know that stuff.  But here’s the key information: This tax incentive applied fully only to new construction, not to renovating existing buildings.

“Suddenly, all over the United States, shopping plazas sprouted like well-fertilized weeds,” Hanchett wrote. The
amount of shopping center square footage shot up from an average of 6 million square feet yearly in the early 1950s to an average 30 million a year starting in 1956.

The tax incentive encouraged quick turnover, selling the property after six or seven years when the tax deduction was about to end. It was a disincentive to upkeep, and by 1970 this one tax break equaled a fourth of the total federal annual budget deficit, Hanchett wrote. And like so many federal provisions starting in the 1930s, it did not assist those who would have preferred to renovate older buildings in cities, and instead helped people building new construction in the suburbs. (See “Yet another way the feds promote sprawl.”)

Urban wildlife: friend or foe? Plus, TOD sans T?

This week colleague John Chesser is vacationing so Im doing the daily news feed for our two online publications, PlanCharlotte.org and the UNC Charlotte Urban Institute’s homepage. Its a fun part of the job although somewhat relentless, like owning a dairy farm with cows that have to be milked every day, regardless.

Barred owl, urban wildlife. Photo: Liz Odum

But when you do the news feed you find dozens of interesting articles. John kept finding them and sending links around for us, in-house. So we created a special feed from him on the PlanCharlotte.org homepage, called Chesser’s Choices:

Today, though, you get my picks at interesting articles: 
Valuing Urban Wildlife: Critical Partners in the Urban System or Scary, Disgusting Nuisances? A Columbia University scientist discusses the differing attitudes the public has toward nature in the city. Cute mammals elicit one reaction. Yucky insects? Not so much. As one of the articles headlines  puts it:Who would want to make a corridor for bees? 
Dead malls turned into data center? This article from TheAtlanticCities.com tells how a dying downtown shopping mall in downtown Buffalo (one described as a superblock eyesore) and one that appears to be not completely dead but mostly dead is bringing in rent by offering vacant retail spaces for a data storage center. (I would not recommend this for Charlottes completely dead Eastland Mall.) 

Some wildlife (cicada) elicits “yuck.” Photo: Crystal Cockman
Do people who live in transit-oriented development drive less? Yes, but not for the reasons you think.  People living in TOD neighborhoods do, in fact, drive less. The mass transit is not the reason. A study Does TOD Need the T?  from Daniel G. Chatman of the University of California-Berkeley looked concludes that even without mass transit, people in TOD neighborhoods drive less. An article in the MinnPost reported: 
What he concluded from all this was that it wasnt so much the availability of transit that made people use cars less, but density itself. Higher density means lower on- and off-street parking availability, better bus service and more jobs, stores and people within walking distance. 
OK, putting on my pundit hat for a minute: A question for Charlotte, where traffic congestion continues to be a huge public concern, might be: Why not start requiring more in-town development to follow TOD principles? Today, the citys conventional, suburban-form development standards permeate its zoning ordinance. Developers who want to build TOD must pay, in time and money, for a rezoning. Otherwise, in many cases the standards that apply reflect planning values circa 1970. The city planning department has been engaged in an almost-year-long process to see whether its 20-year-old zoning ordinance needs an update.  I could have saved the city some money. Yes, it needs an update!

About that Home Depot Design Center

That Home Depot Design Center that’s closing at the Metropolitan development near uptown? The graphic above probably explains all. It gives some international context on retail in America. (Courtesy of James Howard Kunstler, via Andres Duany, via Brenda who works at the Duany Plater-Zyberk office in Charlotte). If you can’t read the fine print, the information is from “Shopping Centers Today.”
And why do I fear there would be a similarly configured chart of “credit card debt per capita” or even “high-fructose corn syrup consumption per person”?
OK, back to work. Be sure to read tomorrow’s Viewpoint Page in the Observer. I can’t reveal yet what will be on it but it will have excellently written headlines. And a sublime Buzz. I hope.