Here’s what we’re reading today:
- Timothy Harris, Backwards Federalism: The Withering Importance of State Property Law in Modern Takings Jurisprudence, 75 Rutgers L. Rev. ___ (2023) (“Modern Supreme Court Fifth Amendment takings cases have – paradoxically — diminished the role and importance of state law. Doing so creates uncertainty and unpredictability in determining where private property rights begin and where government’s authority ends.”).
- Jonathan Katzenellenbogen, What happens when the Expropriation Bill is passed? (July 19, 2023) (if you want to find out what is going on in South Africa in property rights, here’s a good piece to get you up to speed).
- Meina Cai, The Art of Negotiations: Legal Discrimination, Contention Pyramid, and Land-Taking Compensation Policy in China (June 2023) (“How do land-dispossessed villagers protect their interests in a context where the legal framework discriminates against them? Contradictory to the existing research that pays much attention to protests, this research identifies negotiations as a strategy of the dispossessed to engage with local governments and improve their compensation arrangement.”).
- Nicole Stelle Garnett, Can Property Law Protect Indigenous Sacred Sites? (Jotwell, July 24, 2023) (a review of a forthcoming article in the Virginia Law Review).
- Frontier Centre for Public Policy, Frontier Centre for Public Policy Releases Canadian Property Rights Index, Marking Tenth Anniversary (July 17, 2023) (what is the state of property rights in Canada – find out one view here).
- Sharon Udasin, Debate rages over California coastal development amid housing crisis (The Hill, July 15, 2023) (“Among the most divisive elements in SB 423, however, is its deletion of a provision in SB 35 that had prohibited the streamlining of multifamily housing projects in coastal zones.”).
Enjoy your Tuesday.