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Rethinking the Law of Private Property

Rethinking the Law of Private Property

Author: Jan G. Laitos
Publisher: Edward Elgar Publishing
ISBN: 9781035311354
Published In: July 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Rethinking the Law of Private Property, eminent legal scholars consider how private property rights might be transformed and realigned to better cope with modern challenges. They rethink current paradigms around private property and natural resource ownership in light of police power regulations, health rules and expanded land-use regulations.

Vicki Been, Daniel Cole, Robin Craig, Richard Epstein, Jan Laitos, Roger Pilon, J.B. Ruhl, James Salzman and Ilya Somin are among America’s leading scholars on private property rights. Their chapters consider three critical issues facing private property owners in the 21st century. (1) To what extent may constitutional protections of private property resist police power limits restricting property uses? (2) Do developers of property for housing have the ability to provide affordable housing and rental properties when the government wishes to advance social policies that may impede that development? (3) Can notions of private property adapt to accommodate demands for more efficient allocation of scarce but much needed natural resources, such as water and ecosystem services?

Students and academics in property law and government law will greatly benefit from this vital resource. Its discerning insights will also interest legal practitioners and teachers of property law, land use planning, environmental law, constitutional law, water law and natural resources law.

Preface xii

PART I. RETHINKING THE FUNDAMENTAL TENSION BETWEEN PRIVATE PROPERTY AND THE POLICE POWER

Part A. Are the courts wrong about private property and the police power?

Restoring the right to property as fundamental to a free society 3

Roger Pilon

The right to use private property 68

Ilya Somin

The duty to provide “meaningful” constitutional review:rethinking judicial abdication when laws affect property 93

Jan Laitos

Part B. The necessity and legitimacy of public land-use regulations

Property, public health, and the liberal virtue of political contestation 107

Daniel Cole