Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Property And Environment: Thoughts On An Evolving Relationship, J. Peter Byrne
Property And Environment: Thoughts On An Evolving Relationship, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Private property is a necessary but insufficient tool for environmental regulation. Why is it necessary? There are several reasons. First, it settles who controls a resource, making rational management possible. While this may sound trivial, countries with weak or fragmented systems of ownership--or where enforcement of law is tainted by corruption--find it impossible even to begin to preserve resources or prevent pollution. This is especially the case when different individuals make conflicting claims to the same plot of land.
Second, private property owners have the incentive to preserve the capital value of their land. They can reap where they (or …