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Property Law and Real Estate

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Fordham Law School

1979

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Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker Jan 1979

Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker

Fordham Urban Law Journal

This comment addresses the enforceability of restrictive covenants in relation to solar energy rights. Articulating the framework for development of solar energy, this comment works through an economic model formulated by Professors Ellickson, Coase, Calabresi, and Malemed. Looking for an efficient allocation of resources, this comment proposes a modernization of common law property principles to ensure the proper growth of solar energy.