Volume 5

Property, Democracy, & the Constitution

Michael M. Berger

For the past half century, the country has been in a turmoil over what increasing numbers of Americans perceive as excessive government intrusion into the private sphere, notably with regard to the use of eminent domain and severe land use regulations. Many defenders of such government intrusions embrace noble motivations, such as being “for the environment” (if not the entire planet) and therefore favor severe land use regulations. Sometimes this takes the form of outright selfishness—for example, in the teeth of state and federal legislation favoring low-cost housing, localities do what they can to “keep ‘em out.”

Download PDF

5 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 45 (2016)