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
Chapman University, The Dale E. Fowler School of Law
June 10, 2009
BYU Journal of Public Law, Vol. 24, No. 1, 2009
Chapman University Law Research Paper No. 09-22
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 creates perverse incentives for regulators. This Article examines that phenomena.
Number of Pages in PDF File: 17
Keywords: ripeness, standing, administrative law, law and economics, public choice, legislation, regulation
JEL Classification: A10, A12, C70, H00, H10, H11, H70, K00, K10, K11, K20, K23, K40, LP1, P16
Date posted: June 2, 2009 ; Last revised: April 4, 2013
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