About this episode
A wide-ranging discussion of Michael Pollock’s book “Sidewalk Nation” reframes sidewalks as a critical, heavily used transportation and public-life space—yet one governed by confusing, often private-responsibility rules. Pollock explains how sidewalks sit in a legal “liminal” zone between public and private property, leading to patchy maintenance duties, unpredictable costs, and uneven accessibility. Snow clearing is just the visible example; repairs can be thousands. The conversation also touches on sidewalks’ many roles beyond walking and Pollock’s proposal for a dedicated “department of sidewalks.”
In most parts of the United States and elsewhere, sidewalks exist in a legal grey area. They are public spaces that, at least when it comes to things such as maintenance and snow removal, are largely the responsibility of private property owners. They are subject to all manner of laws that govern what kinds of activities can take place on them, laws that change not just from city to city, but sometimes from neighborhood to neighborhood, block to block, and address to address. They are also an important part of the transportation network and a key component in the effort to keep pedestrians safe, although certainly not a panacea, even in rural areas.
Michael Pollack, the author of an excellent new book, Sidewalk Nation: The Life and Law of America's Most Overlooked Resource, thinks that sidewalks need a whole lot more consideration in legal and governing circles, and even goes so far as to advocated for the creation of a Department of Sidewalks that can cut through the rather opaque rules that govern these narrow strips of concrete. (Or other materials, given that many sidwalks are often governmed by historic preservation laws.)
***For an extended, ad-free version of this episode featuring a bonus conversation about sidewalk delivery robots, become a Patreon supporter of The War on Cars.***
SHOW NOTES:
Buy Sidewalk Nation: The Life and Law of America's Most Overlooked Resourc and support independent booksellers at our official Bookshop.org page.
Order our book, Life After Cars: Freeing Ourselves from the Tyranny of the Automobile, out now from Thesis, an imprint of Penguin Random House.
Save 20% on everything in our official merch store with code HOTBIKESUMMER.
Buy a certified, pre-owned e-bike from Upway or sell your own bike! Visit Upway.co to get rolling.
Thanks also to Cleverhood. Listen to this episode for the latest discount code and get 15% off the best rain gear for walking and cycling.
Chrysler New Yorker
"...nstall this sidewalk. So the classic example as a New Yorker, but this is true in other cities, is snow remova..."
The Chrysler New Yorker is a large, older luxury car made by Chrysler. It was designed for comfort and bigger size. It may come up in winter or city discussions because large older cars can be harder to manage when roads are snowy or icy.
The Chrysler New Yorker is a full-size luxury sedan that’s best known as a classic American car nameplate. It’s often discussed in the context of older vehicles and city life because these cars were common in past decades and show up in stories about maintenance, weather, and everyday driving. In a podcast segment about snow removal and winter conditions, it’s a fitting example of the kind of large, older car people had to deal with in harsh weather.
parking minimums
"And that's terrific. A lot of cities have parking minimums. A lot of cities are revisiting them."
Parking minimums are rules that tell developers they must build a minimum number of parking spaces. That can take up land that could otherwise be used for homes, stores, or walkable streets.
Parking minimums are zoning rules that require a certain number of parking spaces for new development (like apartments, offices, or retail). They directly shape how much land is devoted to cars versus housing, shops, or public space.
high cost of free parking
"I'm sure listeners of your podcast have heard you talk about Donald Shoup and his work on the high cost of free parking."
Even if parking feels “free,” it usually costs money somewhere—like higher building costs or higher prices. That can make it harder to afford housing or support local businesses.
The “high cost of free parking” is the idea that parking that appears free to drivers is still paid for through higher rents, taxes, or development costs. Those costs can make housing and businesses more expensive and reduce space for more productive uses.
impervious surface
"Yeah, let's remember sidewalks are often impervious surface. Now, there are, I write about in the book, newer technologies that can make sidewalks more absorbent..."
Impervious surface means the ground covering doesn’t absorb water. So instead of soaking in, rain runs off faster, which can worsen flooding.
An impervious surface is material that doesn’t let water soak into the ground (like concrete or asphalt). When sidewalks are impervious, they can increase stormwater runoff—an issue in flood-prone areas like Houston.
green infrastructure
"maybe it just would be better for that to be green infrastructure that can absorb some of that water?"
Green infrastructure means using nature-based solutions (like plants and soil) to handle rainwater. Instead of letting water run off quickly, it helps absorb and manage it.
Green infrastructure refers to stormwater and environmental systems that rely on natural processes—like plants and soil—to manage water. In this context, it’s contrasted with hard, impervious surfaces that increase runoff during hurricanes and flooding.
bioswales
"can direct the rainwater toward trees and other bioswales and things like that."
Bioswales are planted drainage areas that catch rainwater. They help slow it down and let it soak in or get filtered instead of rushing straight into storm drains.
Bioswales are landscaped channels designed to capture and filter stormwater runoff. They use vegetation and soil to slow water down and help it absorb or be cleaned before it reaches drainage systems.
historic preservation
"Historic preservation is something that property owners and lawyers, judges, some advocates, some policymakers too, have very mixed feelings about because... it's an expensive undertaking... Historic preservation is a great example of this."
Historic preservation is when a government limits what owners can do to older buildings or historic areas. The debate is that these rules can make it harder or more expensive to use the property, which can lower its value.
Historic preservation is the set of rules and protections that restrict how certain buildings or areas can be altered or developed. In the transcript, it’s discussed as a costly regulatory burden that can reduce property value, raising legal questions about whether it counts as a “taking.”
takings clause
"some of the earlier litigation in this country about what's called the takings clause of the Fifth Amendment to the Constitution are challenges to historic preservation rules... The takings clause literally says that nor shall private property be taken for public use without just compensation."
The takings clause is a rule that says the government can’t take your property for public use without paying you fairly. It’s meant to protect property owners from being forced to absorb the cost of public projects.
The takings clause is a part of the U.S. Constitution (Fifth Amendment) that limits when the government can take private property. It requires “just compensation” if private property is taken for public use.
Fifth Amendment
"some of the earlier litigation in this country about what's called the takings clause of the Fifth Amendment to the Constitution are challenges to historic preservation rules..."
The Fifth Amendment is part of the U.S. Constitution that includes protections for people and property. Here, it’s the amendment that contains the rule about paying compensation when the government takes property for public use.
The Fifth Amendment is a U.S. constitutional amendment that includes protections related to government actions affecting private property. In this context, it’s the source of the takings clause requirement for just compensation.
eminent domain
"You might think that just refers to what we call the practice of eminent domain where the government becomes the owner of your property because they want to clear the land to build a road or a stadium or a park."
Eminent domain is when the government can take private land for a public project. The key point is that the owner should be paid fairly for what’s taken.
Eminent domain is the legal power that allows the government to take private property for public use. When eminent domain is used, the government generally must pay just compensation to the property owner.
government regulation
"But the government does a lot of other things to people's private property short of seizing it. Namely, they regulate it... A lot of those regulations can devalue the property or impose costs on the property owner."
Government regulation means the government sets rules for what you’re allowed to do with your property. Even without taking the land, regulations can still make the property less valuable or more expensive to manage.
Government regulation refers to rules that control how private property can be used without physically seizing it. The transcript explains that some regulations can reduce property value or add costs, and those effects can sometimes be argued as “takings.”
Penn Central
"And so one of the main cases called Penn Central was a challenge to New York City's landmark law... And the Supreme Court said, no, not a taking."
Penn Central is a famous Supreme Court case about when government rules affecting property are serious enough that the owner should be paid. In the transcript, it’s used to explain why some historic preservation rules don’t automatically require compensation.
Penn Central is a landmark U.S. Supreme Court case used to evaluate when a government regulation becomes a compensable “taking.” The transcript describes it as a challenge to New York City’s landmark preservation law and the court’s conclusion that it was not a taking.
landmark law
"one of the main cases called Penn Central was a challenge to New York City's landmark law, his Rec Preservation Law. Property owner said, you're going to tell us we can't change the parcel..."
A landmark law is a rule that protects certain buildings as historically important. If your property is designated, you may not be allowed to change it freely, which can affect what you can do with the building.
A landmark law is a type of local regulation that designates certain buildings as protected landmarks. Once designated, owners may be restricted in how they can modify or develop the property, which can affect property value.
Porsche 911
"vending something that they shouldn't to a repair to a fire hydrant that is leaking. And I don't necessarily know who to call, even if it's the fire hydrant, do I call 9-1-1? Do I call my local firehouse? So, I call 3-1-1. That's ostensibly what 3-1-1 is for,"
The Porsche 911 is a sports car made by Porsche. It’s known for its classic look and performance. People may mention it when talking about car repairs because some maintenance can be more involved than on simpler cars.
The Porsche 911 is a long-running sports car known for its distinctive rear-engine layout and iconic silhouette. It often comes up in conversations about repairs and maintenance because its design can make certain jobs more specialized and time-consuming. In a podcast about everyday problems and who to call, it’s the kind of car people may reference when discussing real-world repair situations.
Request an Explanation
Heard something you'd like explained? We'll add it to this episode.
Sign in to request explanations for terms you heard.
Want to learn more?
Browse our glossary for plain-English explanations of automotive terms, jargon, and concepts.
Help improve this episode
See something that's not quite right? Our annotations are AI-generated and can sometimes miss the mark. Click the flag icon on any annotation to suggest a correction.