Claiming While Complaining on the Federal Public Lands: A Problem for Public Property or a Special Case? - A Comment on Bruce Huber, The Durability of Private Claims to Public Property, 102 Georgetown Law Journal 991 (2014)

22 Pages Posted: 18 Jan 2015 Last revised: 9 Dec 2015

See all articles by Carol M. Rose

Carol M. Rose

University of Arizona - James E. Rogers College of Law

Date Written: October 29, 2015

Abstract

Bruce Huber's thoughtful article, The Durability of Private Claims to Public Property, is an excellent demonstration of the ways that older uses of the federal public lands continue long past the times they should be expected to expire. But this commentary argues that the federal public lands are not necessarily a stand-in for public property in general; most other kinds of public property have far fewer problems with durable private claims. The federal public lands have particular characteristics that lend themselves to private users' first asserting and then overstaying their entitlements. The problem of durable claims on the public lands is in some ways an instance of general issues of regulatory change, made more acute by the federal lands’ special characteristics. This commentary flags one of these characteristics in particular: the distant echoes of a very old concern about a potential linkage between an "endowment" of large public lands and autocratic government.

Keywords: public property, Federal public lands, Article IV lands, royal domain, early American republic

JEL Classification: K11, K32

Suggested Citation

Rose, Carol Marguerite, Claiming While Complaining on the Federal Public Lands: A Problem for Public Property or a Special Case? - A Comment on Bruce Huber, The Durability of Private Claims to Public Property, 102 Georgetown Law Journal 991 (2014) (October 29, 2015). 104 Georgetown Law Journal Online 94 (2015); Arizona Legal Studies Discussion Paper No. 15-03. Available at SSRN: https://ssrn.com/abstract=2551283

Carol Marguerite Rose (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-621-5544 (Phone)
520-621-9140 (Fax)

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