Abstract

http://ssrn.com/abstract=2175135
 
 

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The Cathedral Engulfed: Sea-Level Rise, Property Rights, and Time


J. Peter Byrne


Georgetown University - Law Center

2012

Louisiana Law Review, Vol. 73, pp. 69-118, 2012
Georgetown Public Law Research Paper No. 12-174
Georgetown Law and Economics Research Paper No. 12-039

Abstract:     
Sea-level rise will require many new initiatives in land use regulation to adapt to unprecedented climate conditions. Such government actions will prompt regulatory and other takings claims, and also will be shaped by apprehension of such claims. This article analyzes the categories of land use regulations and other government initiatives likely to be enacted to adapt to sea-level rise and anticipates the takings claims that may be brought against them. In addition to hard and soft coastal armoring, the article considers regulations intended to force or induce development to retreat from rising waters. Retreat regulations present difficult takings problems, because they may prohibit all economically valuable development on a lot. But the article suggests various ways to capitalize on the future nature of sea-level rise to structure regulations and other government initiatives to minimize the risk or amount of takings liability. It argues that takings doctrine should not be so rigid as to prevent needed systematic adaptation.

Number of Pages in PDF File: 51

Keywords: regulatory takings law, sea-level rise, economics, flood insurance, property rights, public use, eminent domain, land use planning, property law, environmental law

JEL Classification: K10, K11, K32

Accepted Paper Series


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Date posted: November 14, 2012  

Suggested Citation

Byrne, J. Peter, The Cathedral Engulfed: Sea-Level Rise, Property Rights, and Time (2012). Louisiana Law Review, Vol. 73, pp. 69-118, 2012; Georgetown Public Law Research Paper No. 12-174; Georgetown Law and Economics Research Paper No. 12-039. Available at SSRN: http://ssrn.com/abstract=2175135

Contact Information

J. Peter Byrne (Contact Author)
Georgetown University - Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
(202)662-9066 (Phone)
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