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December 2, 2000 |
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Sidebar: A Litigator's Case for Privatization
by Robert Laux-Bachand At first glance, Leo Kayser's proposals for Roosevelt Island
appear to flow from a party-line analysis of private sector
versus public sector economics. On one level he is simply
following the approach of the Republican governor, George Pataki,
who is praised on the RIOC Web site ("Better Than Ever") for
having "shifted the focus of State government away from the
failed policies of the 1980s and early 1990s and toward policies
that promote freedom, encourage economic growth and prosperity
and improve the quality of life for New Yorkers." But Kayser brings more than a partisan zeal to these issues,
and it is soon apparent, in conversation, that he prefers to
build a case on many levels. As he proceeds, clause by clause, a
practical matter only remotely related to Roosevelt Island seems
to veer off into a complete digression, only to be pulled back
into relevant focus and as part of a coherent, logical scheme.
Perhaps most surprising is the consistent streak of populism that
threads its way through Kayser's rather scholarly lectures. The following exchange between WIRE editor Dick Lutz and
Kayser is presented as a sample of a Leo Kayser "flight," if you
will: an analysis that manages to connect the East Side condo
market with the war in the Balkans, and the theory of tax
regression, and wind up back right here on Roosevelt Island. DL: You sit on a number of Boards. Kayser: Well, I started out on the United Nations
Development Corporation Board. About five years ago the Governor
appointed me to that, and I have been involved in the
privatization efforts there. The idea is that this is just a
real-estate holding company. There was no reason for any of that
real estate to be held in a governmental entity. And we've sold
off the United Nations Plaza Hotel - that was for $102 million.
We've sold off 633 Third Avenue... for 50-odd million dollars.
We've sold off buildings on First Avenue, one of which was to
Bhutan, which got some press because people got Bhutan confused
with Burma. They were looking at human rights issues, but that
[was] finally approved after about a two-year delay. And we're in the process now of trying to sell off the balance
of three buildings. And then we'll be out of the business of
managing real estate over there. And what you do, by the way,
when you sell these buildings off, is they go back on the tax
rolls, you broaden the tax base, that property then becomes a
part of your economy in the private sector. When you have too much of your capital resources owned by the
government, it really puts a dampening effect upon the vibrancy
of your economy, and one of the reasons, in my opinion, why the
economy in the Northeast, and particularly in the New York-New
Jersey area, has not been as exuberant as in the South and other
parts of the country is because so much of our capital structure
is owned by government - just billions of dollars of capital
structure owned by government - which could be privatized and
used as collateral for other projects if it were in private
hands, because government people are not that creative. They
don't have the incentive. They want to see to it that things are
run honestly and well and that they don't get criticized, but
risk-taking and risk-reward evaluations and things like that -
those equations just don't happen in a great natural fervor. DL: So you're applying the same kind of philosophy as
the UNDC work to RIOC to a certain extent. LK: Well, I would not want to say it's the same. It's
quite distinct and different. There are very different
considerations. One, you don't have a constituency within the
United Nations Development Corporation. This is pure bricks and
mortar. There's not the issues of living conditions and quality
of life and any of those things that you have [on Roosevelt
Island], so that's very distinctive. There are some general principles which I do bring to the
analysis, which is that I suppose I still hold to Jeffersonian
ideas that while you need government and government brings order
to the relationship of people, that to the extent that government
has a cost attached to it and you have to have taxes associated
with it, and those taxes fall upon the economy as a whole, they
generally filter down and hit lower-income people the hardest.
Even though they may not be where the taxes fall, ultimately, the
people who are hurt most by the cost of government are still your
lower-income people, no matter how progressive theoretically your
taxes are, it's still a tax on capital, a tax on labor, and it
ultimately falls upon the poor people. You can try to
redistribute it, which is the liberal-progressive philosophy, in
order to keep it from hitting those lower-income people so badly,
but the fact is that as you begin to recycle percentages of the
economy through a governmental filter, with all sorts of social
planning and the best of ideas and the best of objectives, there
are inefficiencies which creep into that process: bureaucracy,
all sorts of costs that get into the structure, and then a
terrific amount of infighting and controversy as to how you
divide up that pie, which has been sort of scraped off the top -
skimmed, that's the word I'm looking for - you're skimming a
certain part of the economy into a governmental public sector.
And then people fight over it, and those fights become very
politicized and subjective, and that's what's led, in the
socialist countries in Europe, where so large a percentage of the
economy is in government, that's why you have these ethnic groups
at each other's throat, and the political process becomes,
really, taking bread out of somebody's mouth and putting it in
somebody else's mouth. That's why you have so much of the ethnic
conflict in places like Yugoslavia, which is a highly socialized
part of the world. This country has been able to avoid a lot of that by trying to
keep the private sector as large as possible and keeping the
public sector as small as possible, but in this part of the
country, in New York, we have a large public sector, and it does
get into the public structure of the system. I mean, you see it
in the ethnic politics we have in New York... and you see it in
Roosevelt Island in the issues that people raise out there. So I think there are going to be all sorts of benefits that
come from people knowing that there's going to be a
private-sector solution that is nondiscriminatory, not arbitrary,
and people who have the initiative - you don't have to have the
capital yourself, if you have the ideas and the initiative and it
makes economic sense, you can get the capital through putting
your deals together, and people on Roosevelt Island will have
that opportunity as will anybody else. I mean, it's open access
to where capital comes from in these projects we're talking
about.
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