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Back to the Future of Conservation: Changing Perceptions of Property Rights & Environmental Protection

Case Legal Studies Research Paper No. 05-16

NYU Journal of Law & Liberty, Forthcoming

55 Pages Posted: 22 Jul 2005  

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Abstract

Property rights hold a central place in our Constitutional design and provide the foundation for America's market economy. Admiration of private property has not been universal, however. Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional, classical liberal notions of property rights are incompatible with the demands of environmental protection. These perspectives influenced the development of command-and-control environmental regulation in the 1960s and 1970s. In recent years, however, the perception of private property's role in environmental conservation has begun to change. Disregard for the rights and interests of property owners spurred a "backlash" of opposition to environmental regulation. Environmental policymakers also came to recognize that the incentives created by land-use may compromise some conservation strategies. These developments spurred a reconsideration of the role of property rights in environmental policy, encouraging the development of more property-friendly regulatory strategies as well as the use of property rights themselves as a tool for environmental protection.

Keywords: Private property, classical liberalism, environmental protection, command-and-control regulation, land conservation, grazing rights, water rights, fishing rights

JEL Classification: K11, K23, K32, K40

Suggested Citation

Adler, Jonathan H., Back to the Future of Conservation: Changing Perceptions of Property Rights & Environmental Protection. NYU Journal of Law & Liberty, Forthcoming; NYU Journal of Law & Liberty, Forthcoming. Available at SSRN: https://ssrn.com/abstract=759653

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)

HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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