scholarly journals Jefferson Meets Coase: Land-Use Torts, Law and Economics, and Natural Property Rights

2008 ◽  
Author(s):  
Eric R. Claeys
Keyword(s):  
Land Use ◽  
Property Rights ◽  
Law And Economics ◽  
Natural Property

Implications

2017 ◽  
Author(s):  
Karl Widerquist ◽  
Grant S. McCall
Keyword(s):  
Property Rights ◽  
The State ◽  
Natural Property ◽  
Government Failure ◽  
State Of Nature ◽  
Best Response ◽  
Lockean Proviso ◽  
Definition Of ◽  
Taking Action ◽  
Disadvantaged People

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.

The Economics of Zoning Laws: A Property Rights Approach to American Land Use Controls

1986 ◽  
Vol 62 (4) ◽  
pp. 426 ◽  
Author(s):  
Michelle J. White ◽  
William A. Fischel
Keyword(s):  
Land Use ◽  
Property Rights ◽  
Land Use Controls

scholarly journals Arctic meltdown: A problematic property rights structure translates into poor resource management

SURG Journal ◽  
2013 ◽  
Vol 6 (2) ◽  
pp. 5-13
Author(s):  
Olivia Mancuso
Keyword(s):  
Land Use ◽  
Resource Management ◽  
Property Rights ◽  
Natural Resource ◽  
Tragedy Of The Commons ◽  
The Arctic ◽  
Resource Extraction ◽  
Open Communication ◽  
Natural Resource Extraction ◽  
The Commons

As access to the Arctic region continues to grow, many land-use issues have become increasingly prominent. The exposure of shorter shipping routes, unresolved maritime boundaries between the bordering states, and most importantly, the plethora of renewable and non-renewable resources in the region have created a strain on international relations between the states bordering the Arctic. Rising global temperatures have created the promise and opportunity of better access to natural resources in the coming years, raising the likelihood of potentially substantial economic gains to the bordering states. However, the current property rights structure in the Arctic, as governed by the United Nations Convention on the Law of the Sea (UNCLOS), dictates that the jurisdiction of each coastal nation state shall not exceed past 200 nautical miles beyond the coastline of each respective state. The goal of this report is to provide an assessment of the basic property rights that govern the Arctic territory in an attempt to illuminate how current and future inefficiencies in natural resource extraction and management can result from a poor property rights structure. The current property rights structure has led to a departure from an efficient allocation of rights and as a result currently operates under an anticommons scenario, while also setting the stage for a tragedy of the commons in the not so distant future. To move away from these sub-optimal outcomes and toward more efficient resource management, open communication, cooperation, and better defined property rights are important components needed to strengthen resource management among Arctic states. Keywords: Arctic land-use and property rights (assessment of); natural resource extraction and management (inefficiencies in); anticommons scenario; tragedy of the commons; Arctic Council; UNCLOS

scholarly journals Security of property rights and transition in land use

2016 ◽  
Vol 44 (1) ◽  
pp. 76-91 ◽  
Author(s):  
Denys Nizalov ◽  
Suzanne Thornsbury ◽  
Scott Loveridge ◽  
Mollie Woods ◽  
Olha Zadorozhna
Keyword(s):  
Land Use ◽  
Property Rights

Nomadic Peoples and Alternate Conceptions of Place

Fully Human ◽  
2019 ◽  
pp. 129-149
Author(s):  
Lindsey N. Kingston
Keyword(s):  
Land Use ◽  
Human Rights ◽  
Property Rights ◽  
Natural Resources ◽  
Basic Needs ◽  
State Governments ◽  
Mena Region ◽  
Cultural Survival ◽  
Community Membership ◽  
Freedom Of Movement

Under pressure from sedentary majority populations, nomadic peoples face serious threats to their cultural survival and livelihood. Nomadic groups have long faced suspicion and discrimination—as illustrated by the ongoing marginalization of European Roma and Travellers, the Maasai of Tanzania and Kenya, and the Bedouin of the MENA region—and modern societies tend to see human rights, including the basic rights of freedom of movement and property rights, through a lens that privileges settlement. Indeed, nomadic peoples are often viewed with suspicion and excluded from the citizenry because they move “too much” and do not conform to majority views related to settlement, land use, and community membership. This bias leaves nomadic peoples without functioning citizenship in regard to state governments, who fail to understand their basic needs and perspectives. Resulting rights abuses center not only on rights to land and natural resources but also on cultural and political expression.

18. Trespass to land and nuisance

2021 ◽  
pp. 537-582
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Land Use ◽  
Property Rights ◽  
Supreme Court ◽  
Direct Action ◽  
The Supreme Court ◽  
The Law ◽  
Actual Damage

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].

18. Trespass to land and nuisance

Tort Law ◽  
2019 ◽  
pp. 535-581 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Land Use ◽  
Property Rights ◽  
Supreme Court ◽  
Direct Action ◽  
The Supreme Court ◽  
The Law ◽  
Actual Damage

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, have recently been clarified by the Supreme Court in Coventry v Lawrence [2014].

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