Abstract

http://ssrn.com/abstract=2451261
 


 



The Perils of Regulatory Property in Land Use Regulation


Steven J. Eagle


George Mason University School of Law

June 16, 2014

Washburn Law Journal, Vol. 54, Forthcoming
George Mason Law & Economics Research Paper No. 14-23

Abstract:     
"Regulatory property" is the right to engage in specified activities, made valuable by government prohibitions against competitors, and protected by de jure or de facto status as property. This Article explores regulatory property and focuses upon its applications in land use regulation. It considers, inter alia, transferrable development rights, exclusive leases of subsidized sports stadia, and urban revitalization condemnations for retransfer for pre-arranged private development. The Article concludes that these generally are unfair and inefficient practices.

Number of Pages in PDF File: 57

Keywords: affordable housing, bargaining, cap and trade, competition, crony capitalism, eminent domain, interest group, open access, police power, public good, public trust, public-private partnership, redevelopment, rent seeking, special privilege, steer and row, taking, tax increment financing, zoning

JEL Classification: K11, Q24, Q28, R52

Accepted Paper Series





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Date posted: June 17, 2014  

Suggested Citation

Eagle, Steven J., The Perils of Regulatory Property in Land Use Regulation (June 16, 2014). Washburn Law Journal, Vol. 54, Forthcoming; George Mason Law & Economics Research Paper No. 14-23. Available at SSRN: http://ssrn.com/abstract=2451261

Contact Information

Steven J. Eagle (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
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