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The Perils of Regulatory Property in Land Use Regulation

57 Pages Posted: 17 Jun 2014  

Steven J. Eagle

George Mason University - Antonin Scalia Law School, Faculty

Date Written: June 16, 2014

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.

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

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: https://ssrn.com/abstract=2451261

Steven J. Eagle (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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