Rethinking the Law of Private Property

Edited by Jan G. Laitos

ISBN13: 9781035311354

Imprint: Edward Elgar Publishing Ltd

Publisher: Edward Elgar Publishing Ltd

Format: Hardback

Published: 22/07/2025

Availability: Not yet available

Description
In Rethinking the Law of Private Property, eminent legal scholars consider how private property rights might be transformed and realigned to better cope with modern challenges. They rethink current paradigms around private property and natural resource ownership in light of police power regulations, health rules and expanded land-use regulations. Vicki Been, Daniel Cole, Robin Craig, Richard Epstein, Jan Laitos, Roger Pilon, J.B. Ruhl, James Salzman and Ilya Somin are among America’s leading scholars on private property rights. Their chapters consider three critical issues facing private property owners in the 21st century. (1) To what extent may constitutional protections of private property resist police power limits restricting property uses? (2) Do developers of property for housing have the ability to provide affordable housing and rental properties when the government wishes to advance social policies that may impede that development? (3) Can notions of private property adapt to accommodate demands for more efficient allocation of scarce but much needed natural resources, such as water and ecosystem services? Students and academics in property law and government law will greatly benefit from this vital resource. Its discerning insights will also interest legal practitioners and teachers of property law, land use planning, environmental law, constitutional law, water law and natural resources law.
Contents Preface xii PART I RETHINKING THE FUNDAMENTAL TENSION BETWEEN PRIVATE PROPERTY AND THE POLICE POWER Part A. Are the courts wrong about private property and the police power? 1 Restoring the right to property as fundamental to a free society 3 Roger Pilon 2 The right to use private property 68 Ilya Somin 3 The duty to provide “meaningful” constitutional review: rethinking judicial abdication when laws affect property 93 Jan Laitos Part B. The necessity and legitimacy of public land-use regulations 4 Property, public health, and the liberal virtue of political contestation 107 Daniel Cole PART II THE UNREALIZED POWER AND PROMISE OF PRIVATE PROPERTY RIGHTS IN THE 21ST CENTURY Part A. Rethinking private property and housing 5 Once more into the rent control abyss 173 Richard Epstein 6 Land use reform and property rights: the need for caution 212 Vicki Been Part B. Private property and the natural environment 7 Just add water: the muddy world of private property rights in a panarchal reality 254 Robin Craig 8 Who owns ecosystem services? 312 James Salzman
  • Property law
  • Offences against property
  • Postgraduate, Research & Scholarly
  • Professional & Vocational
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List Price: £120.00