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Property Rights and Climate Change

32 Pages Posted: 1 Apr 2014  

Daniel A. Farber

University of California, Berkeley - School of Law

Date Written: March 31, 2014

Abstract

Climate change poses a challenge for maintaining the stable entitlements that are basic to property law. Yet property rights can also serve as aids to climate adaptation. This essay, which was initially delivered as the Wolf Family Lecture on the American Law at the University of Florida, explores both aspects of the property/climate-change relationship. The first part of the article discusses takings issues that may arise in connection with sea level rise. The second part of the article discusses the constructive role that transferrable development rights and the public trust doctrine could play in climate adaptation, including their role in limiting takings claims.

Keywords: climate change, property rights, land use, sea level rise, takings clause

Suggested Citation

Farber, Daniel A., Property Rights and Climate Change (March 31, 2014). Available at SSRN: https://ssrn.com/abstract=2418756 or http://dx.doi.org/10.2139/ssrn.2418756

Daniel A. Farber (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall
Room 894
Berkeley, CA 94720-7200
United States
510-642-0340 (Phone)
510-642-3728 (Fax)

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