Private Property Investment, Lucas, and the Fairness Doctrine

Abstract:     
Conferences and conversations on the Lucas case tend to be confrontational rather than collaborative. Worse, the property rights and environmental movements employ "spin masters" to turn the case to their advantage to the considerable confusion of property owners and regulators who are trying in earnest to understand the Supreme Court's view on the, matter. In the interests of looking at the issues from both sides at this colloquium, let me enter the discussion from the perspective of the property owner. These remarks are not intended to advocate the interests of the new property rights movement. In fact, those advocates will be disappointed by what I say. Rather, I aspire to view the issue of real property regulation as broadly as possible, reaching beyond the jurisprudence of regulatory takings cases into the realms of real estate transactions law and comprehensive land use planning.

Accepted Paper Series