Friday, September 19, 2008

Deng on Post-Disaster Reconficuration of Property Rights

Feng Deng (Chongqing University) has posted Post-Disaster Reconfiguration of Property Rights: The Case of Wenchuan Earthquake on SSRN.  Here's the abstract:

This paper draws on the ongoing reconstruction in Wenchuan Earthquake areas and studies how a new world of private property rights affects post-disaster reconstruction. In addition to analyzing particular problems related to rural housing, urban housing and housing finance, I argue that homeowners association may not be an efficient vehicle for post-disaster reconstruction. Canceling remaining mortgage loans is not fair to all people. I also discuss three general themes related to post-disaster property rights. First, post-disaster reconfiguration may be an important opportunity for major changes of property rights regime, including the decline of informal or communal property rights. Second, reconstruction approach is path dependent and the one based on liability rules, such as eminent domain, may be better able to mitigate the tragedy of anti-commons. Third, the well known safe development paradox may also have a property rights dimension.

Ben Barros

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September 19, 2008 in Land Use, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, September 16, 2008

Prefabricated Modern Houses

Longtime readers of propertyprof may recall my love affair with modernist housing. 

Thanks to the New York Times' article "Housing the Universe" for pointing me towards this website for prefabricated modern houses from IKEA and this one for homes from Ricio RomeroThis is my next house (I hope).

Alfred Brophy

September 16, 2008 in Land Use | Permalink | Comments (3) | TrackBack (0)

Chouinard and Steinhoff on Split-Estate Negotiations

The most recent issue of the Review of Law & Economics has an article by Hayley H. Chouinard and Christina Steinhoff (Washington State) called Split-Estate Negotiations: The Case of Coal-Bed Methane.  Here's the abstract:

Coal-bed methane is an emerging contributor to the US energy supply. Split estates, where landowners control the surface and the energy companies lease the rights to the underground gas from the federal government, often impede successful negotiations for methane extraction. We provide an extensive form representation of the dynamic game of the negotiation process for subsurface access. We then solve for a set of Nash equilibrium outcomes associated with the split estate negotiations. By examining the optimal offers we can identify methods to improve the likelihood of negotiations that do not break down and result in the gas developer resorting to the use of a bond. We examine how changes in transaction costs or entitlements will affect the outcomes, and support our finds with anecdotal evidence from actual negotiations for coal-bed methane access.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

September 16, 2008 in Natural Resources, Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Sunday, September 14, 2008

Coke Zero's "Lawsuit" and the Similiar Property Theory?!

On the way back home from California, I watched a ton of television.  In fact, it's been years since I watched an entire afternoon of television; but, hey, the television was right in front of me and I was too tired to do much of my real work.  (That is, work on the chapter of University, Court, and Slave related to Thomas Cobb.)  Good thing that my years in Tuscaloosa sparked an interest in college football, because that was about the only thing on.

During one commercial break I was an advertisement for CokeZero.  The gimmick of this particular advertisement is some Coke officials consulting a lawyer to ask if they have a lawsuit against CokeZero for copying the taste of their product.  Never ceases to surprise me what Madison Avenue comes up with.  (New York Times on the ad campaign here.)  Anyway, the officials consult a real estate lawyer and ask if there's a possibility of a lawsuit when one neighbor builds an eerily similar house just next door to a distinctive house that is an architectural landmark?  I'm guessing "nothing" is the right answer to this one.  But it's always good to see real estate lawyers in popular culture.  And, who knows, maybe there's a restrictive covenant lurking in the background somewhere.

Want to see the commercial?  It's up on youtube!  Or you can visit the CokeZero website and click on the second video (the first one is of an immigration lawyer).

Alfred Brophy

September 14, 2008 | Permalink | Comments (0) | TrackBack (0)

Berkeley Tree Protest

Berkeley_oak_grove_protest_wikip_3 I'm just back from Berkeley--my first visit to that town.  Pretty exciting for this legal historian to see a place that looms so large in recent history--and because I'm increasingly interested in the legal rules regarding parks and trees.  Berkeley's just emerging from a lengthy protest over the cutting down of a grove of trees where a new athletic training facility will be built.  The land where the trees stood is right near the law school.  As usual, the folks over at wikipedia have lots of details, including a bunch of pictures (like the one I used to illustrate this post).

Alfred Brophy

September 14, 2008 in Land Use | Permalink | Comments (0) | TrackBack (0)

Conference: Hawai‘i State Historic Preservation Laws: Reclaiming the Past, Shaping the Future

Sometimes visitor here at propertyprof Carl Christensen reports that the University of Hawaii's William S. Richardson School of Law is hosting a conference on "Hawai‘i State Historic Preservation Laws: Reclaiming the Past, Shaping the Future" on September 27. Dr. Patrick Kirch, Departments of  Anthropology and Integrative Biology University of California, Berkeley is the keynote speaker.

Other speakers and moderators are:

Dr. Kehau Abad, O‘ahu Island Burial Council
Dawn N.S. Chang, Ku‘iwalu
Prof. Carl C. Christensen, William  S. Richardson School of Law
Dr. Thomas S. Dye, T.S. Dye and Associates
Moses Haia, Esq., Native Hawaiian Legal Corporation
Dr. Holly McEldowney, DLNR, Division of State Parks 
Nancy McMahon, DLNR, Historic Preservation Division 
Kai Markell, Office of Hawaiian Affairs 
William M. Tam, Esq., Alston Hunt Floyd & Ing
Robert H. Thomas, Esq., Pacific Legal Foundation

Alfred L. Brophy

September 14, 2008 in Conferences | Permalink | TrackBack (0)