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Full-Text Articles in Land Use Law
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 …