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Access, Exclusion, And Value, Sarah Schindler
Access, Exclusion, And Value, Sarah Schindler
Sturm College of Law: Faculty Scholarship
The concepts of exclusion and access occupy the minds of many property scholars. We regularly debate the problems with, and benefits of, exclusion. We talk about how foundational the right to exclude is, and should be. We talk about whether and when the right to exclude should bend to accommodate other interests. And we talk about the value of exclusion. While these debates have filled many pages in law journals and hours of panel discussions, Professors Jonathan Klick and Gideon Parchomovsky noticed that something was missing from the discourse: empirical evidence.
The Strange Career Of Private Takings Of Private Property For Private Use, Jan G. Laitos
The Strange Career Of Private Takings Of Private Property For Private Use, Jan G. Laitos
Sturm College of Law: Faculty Scholarship
Part I summarizes the two private entities thattraditionally have been conferred the power to take private property for their own private use: (1) natural resource developers and (2) common carriers involved in, andresponsible for, our country’s transportation, storage, and distribution (TS&D) system for energy infrastructure—pipelines, electrical transmission lines, and rail lines. Part II considers the traditional rationale for those private takings, which typically relies on some version ofthe notion thatthe public atlarge may, or will, eventually benefit from this private exercise of eminent domain. Part III explores the four central problems associated with these kinds of private takings: (1) the …