PropertyProf Blog

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Univ. of Kentucky College of Law

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Wednesday, April 6, 2011

Rule on Airspace in a Green Economy

Troy A. Rule (Missouri) has posted Airspace in a Green Economy on SSRN.  Here's the abstract:

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly tailored, such policies can facilitate renewable energy development without compromising landowners’ incentives and capacity to make optimal use of the space above their land. The article also introduces a new abstract model to argue that policymakers should weigh the likely impacts on both rival and non-rival airspace uses when deciding whether to modify airspace restrictions to encourage sustainability.

Ben Barros

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

April 6, 2011 in Land Use, Law & Economics, Natural Resources, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, December 9, 2010

The Grinch, Property, and Nuisance

How Economics [and Property Rights] Saved Christmas, via Forbes.

Ben Barros

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

December 9, 2010 in Law & Economics, Nuisance, Property Theory | Permalink | Comments (1) | TrackBack (0)

Saturday, July 17, 2010

Lehavi on Property Rights in an Era of Global Finance

Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted Property Rights in an Era of Global Finance on SSRN.  Here's the abstract:

This chapter for the Encyclopedia of Financial Globalization studies the unique challenges of property rights in an era of global finance. It first defines the fundamental features of property, trying to bridge the gap that often exists between lawyers and economists in conceptualizing this term. The chapter then explains the local origins of property laws and the ways in which their traditional construct is being increasingly challenged by the forces of globalization. It surveys the prominent institutions and mechanisms that currently address the cross-border effects of property rights through supranational norm-making or other types of coordination among different national property systems. Finally, the chapter moves to a more resource-specific analysis of the challenges of property rules in a globalized era. It assesses how the ordering of property rights in land, chattels, intangibles, and intellectual property can be better adapted to a rapidly-changing global financial environment.

Ben Barros

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

July 17, 2010 in Law & Economics, Property Theory, Real Estate Finance, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 7, 2010

Lewyn on Coase and Parking Regulation

Michael Lewyn (Florida Coastal) has posted What Would Coase Do? (About Parking Regulation) on SSRN.  Here's the abstract:

Like many government regulations, municipal minimum parking requirements exist to prevent externalities - most notably the congestion, pollution and greenhouse gas emissions that occur when motorists drive around a city searching for scarce parking. But because such regulations make parking (and thus driving) cheaper, such regulations may in fact increase congestion and pollution, thus creating, rather than reducing, externalities.

Ben Barros

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

July 7, 2010 in Land Use, Law & Economics, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)