Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Agencies (1)
- Child Development (1)
- Collaborative Consumption (1)
- Courts (1)
-
- Environmental (1)
- Final decision (1)
- Jurisdiction (1)
- Jurisprudence, Government, Courts, and Constitutional Law (1)
- Justiciability (1)
- Land use (1)
- Law & Economics (1)
- Law and Psychology (1)
- Ownership (1)
- Ownership Understanding (1)
- Peer-to-Peer Consumption (1)
- Permitting (1)
- Planning (1)
- Property, Administrative, and Natural Resources & Environmental Law (1)
- Public choice (1)
- Regulation (1)
- Rent-extraction (1)
- Rent-seeking (1)
- Right to Exclude (1)
- Right to Include (1)
- Ripeness (1)
- Sharing Economy (1)
- Standing (1)
- Takings (1)
Articles 1 - 2 of 2
Full-Text Articles in Urban Studies and Planning
I Share, Therefore It's Mine, Donald J. Kochan
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …