Rethinking the Law of Private Property

Edited by Jan G. Laitos, Joe T. Juhan Endowed Professorship in Property Rights and Policy and Professor of Law, Sturm College of Law, University of Denver, USA

• ContentsPreface xiiPART I RETHINKING THE FUNDAMENTAL TENSIONBETWEEN PRIVATE PROPERTY AND THE POLICE POWERPart A. Are the courts wrong about private property and the police power?1 Restoring the right to property as fundamental to a free society 3Roger Pilon2 The right to use private property 68Ilya Somin3 The duty to provide “meaningful” constitutional review:rethinking judicial abdication when laws affect property 93Jan LaitosPart B. The necessity and legitimacy of public land-use regulations4 Property, public health, and the liberal virtue of politicalcontestation 107Daniel ColePART II THE UNREALIZED POWER AND PROMISE OFPRIVATE PROPERTY RIGHTS IN THE 21ST CENTURYPart A. Rethinking private property and housing5 Once more into the rent control abyss 173Richard Epstein6 Land use reform and property rights: the need for caution 212Vicki BeenPart B. Private property and the natural environment7 Just add water: the muddy world of private property rights ina panarchal reality 254Robin Craig8 Who owns ecosystem services? 312James Salzman

‘The nature and extent of property rights are as controversial as they are essential. This is a highly provocative and insightful volume written by a distinguished array of experts on all sides of the ongoing property rights debate—a debate, spanning from John Locke to the COVID-19 pandemic, that seeks to achieve the perfect balance between private rights and public needs.’