The Use and Abuse of Property Rights in Saving the Environment

1 Brigham-Kanner Property Rights Conference Journal 373, 2012

31 Pages Posted: 30 Oct 2012  

James S. Burling

Pacific Legal Foundation

Date Written: September 29, 2012

Abstract

While freedom and property may be inseparable, the temptation to sacrifice one or the other to seemingly more critical societal goals is ever present. In the past century, the environmental-related limitations on property have progressed from zoning to advance the social welfare, to utilitarian conservation to preserve the human environment, and more lately to the preservation of the environment for its own sake. With each step, property rights have been impacted further. From the imposition of zoning, to regulatory restrictions on the use of property, and to the mechanism of conservation easements, the control of property by the owners of property has diminished. If freedom and property are truly interrelated, there may be troubling implications on the future of freedom.

Keywords: property rights, environmental regulation, conservation easements, zoning

Suggested Citation

Burling, James S., The Use and Abuse of Property Rights in Saving the Environment (September 29, 2012). 1 Brigham-Kanner Property Rights Conference Journal 373, 2012. Available at SSRN: https://ssrn.com/abstract=2168497

James S. Burling (Contact Author)

Pacific Legal Foundation ( email )

907 G. Street
Sacramento, CA 95814
United States
916-419-7111 (Phone)
916-419-7747 (Fax)

HOME PAGE: http://www.pacificlegal.org

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