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Articles 1 - 3 of 3
Full-Text Articles in Land Use Law
Property And Local Knowledge, Malcolm Lavoie
Property And Local Knowledge, Malcolm Lavoie
Catholic University Law Review
Property rights play an important but largely under-appreciated role in channeling local knowledge into decisions about physical resources. Property devolves decision-making authority to a dispersed pool of owners, who are likely to be aware of local conditions relevant to their resources. As a result, property owners are often in a position to make better-informed decisions about the use of the resource than other parties. The homeowner who preemptively repairs an old roof, the retailer who offers a new product for sale, and the farmer who decides to switch crops are all decision-makers who are empowered through property rights to act …
Whose Highest And Best? Including Economic Development And Individual Landownership In The Highest And Best Use Standard, Brigid Sawyer
Whose Highest And Best? Including Economic Development And Individual Landownership In The Highest And Best Use Standard, Brigid Sawyer
Catholic University Law Review
Real property is a finite resource. As a result, two theories of land use most frequently in tension are economic development and individual land ownership. In tracing key places in American history where these two theories conflict, it is seen that economic development is often prioritized over individual land ownership. This Comment analyzes the connections between the Founding Era philosophy on property law, Native American land takings, and eminent domain takings and proposes a new definition of the highest and best use valuation standard, one that accounts for both economic development and individual land ownership. This new standard allows both …
Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use, L. Daniel Bidwell
Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use, L. Daniel Bidwell
Catholic University Law Review
No abstract provided.