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 controlsplaced on land use (like zoning and regualtions prohibiting/limitingdevelopment) are meant to deal with environmental problems that fallwithin the common pool resource category of propertyrights (low excludability with high divisibility). For example,government prohibitions on development along coastal areas to protectagainst sea level rise brought on by climate change is one use of landthat might result in regulatory takings claims. Considering theissue of land use regulation from this property rights characteristicperspective, please answer the following question:
- Howmight we go about reconcilling the need to control private land rightsin a way that might best avoid a substantial interference on thoserights? For example, can we think about the different property rightscharacteristics described above and consider alternativeways of defining property rights in order to meet environmentalobjectives? Please share your thoughts on this difficult question thatcrosses the boundaries of land use law and land use policy.