Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines -- And Law & Bananas: Property and Public Choice in the Permitting Process

BYU Journal of Public Law, Vol. 24, No. 1, 2009

Chapman University Law Research Paper No. 09-22

17 Pages Posted: 2 Jun 2009 Last revised: 4 Apr 2013

Donald J. Kochan

Chapman University, The Dale E. Fowler School of Law

Date Written: June 10, 2009

Abstract

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.

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

Suggested Citation

Kochan, Donald J., Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines -- And Law & Bananas: Property and Public Choice in the Permitting Process (June 10, 2009). BYU Journal of Public Law, Vol. 24, No. 1, 2009; Chapman University Law Research Paper No. 09-22. Available at SSRN: https://ssrn.com/abstract=1412787

Donald J. Kochan (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States
714-628-2618 (Phone)
714-628-2576 (Fax)

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