Property rights based on characteristics of divisibility and excludability, political science homework help

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February 23, 2021
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February 23, 2021

Recall that land use policy may be divided into four categories of property rights based on characteristics of divisibility and excludability as visually represented here:

Private property rights fall into the category of private goods (high divisibility and high excludability). However, as we have seen, most of the public controls placed on land use (like zoning and regualtions prohibiting/limiting development) are meant to deal with environmental problems that fall within the common pool resource category of property rights (low excludability with high divisibility). For example, government prohibitions on development along coastal areas to protect against sea level rise brought on by climate change is one use of land that might result in regulatory takings claims. Considering the issue of land use regulation from this property rights characteristic perspective, please answer the following question:

  • How might we go about reconcilling the need to control private land rights in a way that might best avoid a substantial interference on those rights? For example, can we think about the different property rights characteristics described above and consider alternative ways of defining property rights in order to meet environmental objectives?  Please share your thoughts on this difficult question that crosses the boundaries of land use law and land use policy.



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