We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
A Common Tragedy: Condemnation and the Anticommons.
- Authors
Scharff, Robert L.
- Abstract
Economic development of land may be suboptimal where multiple parties have the legal right to exclude use of the property in question. Michael Heller labeled this phenomenon the ‘anticommons.’ Some argue that condemnation of private property for economic development is a potentially efficiency-enhancing solution to the anticommons problem. Until recently, this argument was largely academic; however, with the recent U.S. Supreme Court decision in Kelo v. City of New London, condemnation for economic development is now a valid policy choice. In this article, I argue that the economic models used to justify condemnation are fundamentally flawed, and that the use of condemnation for economic development encroaches upon autonomy interests without guaranteeing the promotion of efficiency interests.
- Subjects
UNITED States; PERSONAL property; ACTIONS &; defenses (Law); KELO v. City of New London; HELLER, Michael; UNITED States. Supreme Court; ECONOMIC development; ECONOMIC models; LEGAL rights
- Publication
Natural Resources Journal, 2007, Vol 47, Issue 1, p165
- ISSN
0028-0739
- Publication type
Article