Writing in Land Lines, Professors Amnon Lehavi and Amir N. Licht offer a new conceptual approach to land assembly problems that attempts to circumvent the problems that arise in using eminent domain for private development.
Project involving "dozens or hundreds of landowners, each holding an exclusive entitlement to a fragment of the designated project's area, could be impossible to implement if every affected property owner could veto the plan by refusing to sell his parcel. Unanimous consent is not a reasonable requirement for such large-scale projects. This problem is often referred to in the property literature as an 'anticommons' dilemma, meaning that any landowner could prevent the assembly of land for its economically more efficient reorganization.
...Our research proposes a novel solution for 'squaring the eminent domain circle' when largescale, for-profit projects require the assembly of land from private property owners. Our proposed model would turn the landowners into pro rata shareholders in a development corporation that would acquire unified ownership of the land and the development project."
Read the full story: Squaring the Eminent Domain Circle
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
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