Friday, November 17, 2006

Property Section Newsletter

I've just posted this year's AALS property section newsletter.  The newsletter, among other things, describes the property-related events at the AALS meeting in D.C. in January.

Ben Barros

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November 17, 2006 in Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, November 16, 2006

NY Times on Eminent Domain Initiatives

Yesterday's NY Times has an interesting article on the eminent domain initiatives that were on the ballot last week.  As you'd expect from the Times, the article is a little biased against the property-rights position, but overall is pretty good.

Ben Barros

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November 16, 2006 in Takings | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 15, 2006

Atuahene on Legitimizing Property Rights

Bernadette Atuahene (Chicago-Kent College of Law) has posted Legitimizing Property Rights When Past Theft Colors the Distribution of Property on SSRN.  Here's the abstract:

How does a democratic state legitimize strong property rights when property arrangements are widely perceived to be defined by past theft? The answer, I argue, is through restorative justice measures that redistribute wealth based on past dispossession. This answer, however, leads to two more complex questions: Who gets priority in the restorative process given limited resources and how should the process unfold? The concise answers to these two ancillary questions are:

First, instances of what I call property-induced invisibility should be prioritized as a baseline for achieving legitimacy. When property is confiscated in this manner people are removed from the social contract and made invisible. Widespread invisibility is of particular concern because it can lead to chaos and instability and places the legitimacy of existing property arrangements in serious doubt. Consequently, states must, at minimum, rectify property-induced invisibility in the restorative process.

Second, societies must change the focus from restoration of the physical property confiscated to the larger project of restoring an individual's relationship to society. This will happen if those subject to property-induced invisibility are included in the social contract through a bottom-up process that provides the dispossessed with asset-based choices. The process of allowing people to choose how they are made whole will do a substantial amount of work towards correcting property-induced invisibility and thereby increasing the legitimacy of existing property arrangements.

I use a South African case study to test the practical effect of my theories of invisibility and restoration.

Ben Barros

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November 15, 2006 in Property Theory, Real Estate Transactions, Recent Scholarship | Permalink | Comments (2) | TrackBack (0)

Monday, November 13, 2006

Eminent Domain On Election Day: Florida Voters "Duped"?

No Way! Not Florida voters! Today's St. Petersburg Times has an article that includes this excerpt:

"One day in the near future, Floridians are going to wake up and realize they have been duped," said Michael Brown, the mayor of Riviera Beach who wants to use eminent domain to clear the way for a multibillion-dollar redevelopment project in his city.

"Local governments were finally trying to use eminent domain the way it was supposed to be used," Brown said. "Now the politicians have pulled the rug out from under them."

Thanks to How Appealing for the pointer.

Rick Duncan

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November 13, 2006 in Takings | Permalink | Comments (0) | TrackBack (0)

Sunday, November 12, 2006

Like Maps? You'll love this story

If, like a lot of propertyprof, you enjoy reading about maps, you'll love this story from today's New York Times, "When Maps Reflected the Romance of the Road."  It's built around a talk by an expert on road maps and a curator from the Library of Congress' map collection.

November 12, 2006 | Permalink | TrackBack (0)