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Full-Text Articles in Law
The Durability Of Private Claims To Public Property, Bruce R. Huber
The Durability Of Private Claims To Public Property, Bruce R. Huber
Journal Articles
Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …
The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger
The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger
Journal Articles
This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it …