Law and Economics Session 7

Similar documents
Chapter 4 An Economic Theory of Property

First fundamental theorem of welfare economics requires well defined property rights.

Lecture 18 Land use externalities and the Coase theorem

Chapter 5 Topics in the Economics of Property Law

The Ethics and Economics of Private Property

Land II. Esther Duflo. April 13,

Legal Concepts in Real Estate

University of Zurich Faculty of Law Fall Semester 2012

QUESTION 6 Answer A. Tenancy for Fixed Term. A fixed term tenancy is a pre-agreed term by the landlord and tenant.

Constitution Legislature Administrative Agency Judge Jury Property Owner

Mutual Exchange Policy

Surface Issues Dealing With Landowners, Buyers, and Sellers

REMEDIES Copyright February State Bar of California

Affordable Housing Policy. Economics 312 Martin Farnham

THE LAW OF property supplies the legal framework for allocating resources and. Economic Theory of Property

11.433J / J Real Estate Economics Fall 2008

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

Promoting Free and Open Competition

Residential Buy to Let Landlords Administration of Estates

Let me say a few things about five topics: I. Property and Sovereignty Public and Private Order

AN ECONOMIC THEORY OF PROPERTY

EXAMPLE ANSWER COMPILED FROM STUDENT ANSWERS POLICY QUESTION PROPERTY FINAL EXAMINATION PROF. GREG R. VETTER SPRING, 2012 FOR FROM THE

Printable Lesson Materials

CJC response to the DCLG consultation on: TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET

A Property Rights Approach to Externality Problems: Planning Based on Compensation Rules

Acquisition by Adverse Possession. Why does the law provide for forced conveyances through AP?

9/21/2018 4:08 PM 18CV42523 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR MULTNOMAH COUNTY. Case No.

Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission.

Lesson 5: Encumbrances. Encumbrances. Real Estate Principles of Georgia. Encumbrances. Financial vs. Non-financial

Rents and Leases: Mortgagee Concerns

HIGHLIGHTS OF RESIDENTIAL TENANCIES ACT

MOTION FOR TEMPORARY INJUNCTION. Plaintiff, State of Florida, Office of the Attorney General, Department of Legal Affairs,

2019 Summary of Pending Arizona Legislation regarding Community Associations

Federally Subsidized Housing Tenant-Based

RENT estate uses damages --

Dividing Fences Trees Retaining Walls Parking/Towing Private Short-Term Letting. Presented by Andrew Suttie for Body Corporate Systems

NOISE KEY POINTS WHAT LESSEES CAN DO IF YOU HAVE A PROBLEM. Use the following stepped approach:

CAN A PUBLIC-PRIVATE PARTNERSHIP IN LAND REGISTRATION PROVIDE A VEHICLE FOR GREATER INCLUSION AND BETTER GOVERNANCE?

Housing Ombudsman s evidence. CLG Select Committee 6 March Introduction. Executive Summary

Chapter 6 Summary Control of Land Use: Control of Land Use

CLTS seminar 24 January 2014

Dispute Resolution Services

Fair Housing It s Your Right

Spring 2018 Credits: 4 Time: MW 10:30a-11:50a;TH 1:00p-2:20p Location: TBA PROPERTY

Application for Short-Term Rental (STR) Permit

Water Rights Basic Components Water rights are use rights not a right to the body of water itself Purpose: Increase economic efficiency of water use,

Chapter 1. Questions Licensees Frequently Ask the Commission

The Housing Choice Voucher Program approach to affordable housing of the United States of America

A TDR Program for Naples. May 11, 2007

Using Your Public Housing Grievance Process. A Know Your Rights Guide for Public Housing Tenants in Massachusetts

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes

8:19-cv LSC-CRZ Doc # 1 Filed: 01/30/19 Page 1 of 11 - Page ID # 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

BCShop.io User Agreement

Tabletop Discussions Notes Santa Rosa Plain Funding Options Community Workshop General Notes, Comments, Ideas, Questions

Material adverse change clauses

EVICTIONS including Lockouts and Utility Shutoffs

GAMMA KAPPA OPERATIONS MANUAL Final/March 1, 2016

14.74 Foundations of Development Policy Spring 2009

EXHIBIT LIST No Exhibit Name Page 1 P7 Compensation Presentation.pdf (P7) 2-47

S75A and Disruptive Behaviour Management Unit (DBMU) Fact Sheet

AICPA Valuation Services VS Section Statements on Standards for Valuation Services VS Section 100 Valuation of a Business, Business Ownership

Conservation Law and Regulation

1 Adopting the Code. The Consumer Code Requirements and good practice Guidance. 1.1 Adopting the Code. 1.2 Making the Code available

Recht und Ökonomie (Law and Economics)

MEMORANDUM OF UNDERSTANDING. between THE LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN & THE HOUSING OMBUDSMAN

JURISDICTIONAL RUNOFF MANAGEMENT PROGRAM ENFORCEMENT RESPONSE PLAN

What are Landlord's and Tenant's rights and obligations? Discuss.

EASIER SAID THAN DONE: RIGHTS OF FIRST OFFER, RIGHTS OF FIRST REFUSAL AND OPTIONS

AGREEMENT. THIS AGREEMENT, made the, 20, by and between:

Village of Bremen 9090 Marietta Road, SE Bremen, Ohio (740)

LOCAL WEED INSPECTOR'S GUIDE FOR ENFORCEMENT OF THE MINNESOTA NOXIOUS WEED LAW PRODUCED BY THE

MAI Esq s on Appraiser Defense Appraisal Institute National Conference Nashville, TN Tuesday, July 31 st Afternoon Session

2.0 RECOMMENDATIONS AND PROCEDURES

Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN

2. Offer and Acceptance is also known as the of the, or.

EXHIBIT A AGREEMENT FOR SALE OF IMPROVEMENT TO REAL PROPERTY AND BILL OF SALE

by Bill Tinsley & CB Team Ellis & Tinsley, Inc. Commercial & Investment Real Estate What s In This Report?

Rules and Regulations. Of Lakewood Villas, a Subdivision. Table of Contents. Introduction.. Preamble... Common Areas...

Promoter s Introduction to Land Compensation. Colin Smith FRICS

(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

Dispute Resolution Services

PROPERTY MANAGEMENT IN SCOTLAND

Distressed & Abandoned Properties: Understanding New York s New Zombie Property Law

Noise KEY POINTS WHAT LESSEES CAN DO

Chapter 13 Bankruptcy. Next Assignments. In re Edry

Minnesota Pollution Control Agency Voluntary Investigation and Cleanup

DISCUSS AND PROVIDE DIRECTION REGARDING POTENTIAL REGULATIONS FOR SHORT-TERM RENTALS.

Gas Gathering Agreements: The Treatment of GGAs as Executory Contracts in Bankruptcy

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG

Reasons For Rejecting The LIDL Site Plan March 29, 2017

SB 346, Property Tax Administration Procedures

Proposals for Best Practice

SUMMARY. lessee will owe to the lender that is financing the lease (i.e., the lessee s deficiency balance )

Accounting and Auditing. Norman Mosrie, CPA, FMFMA, CHFP James Sutherland, CPA

Syllabus/Assignments: fall2012. i Final Exam Skills Training section

Dealing with fixtures on a lease renewal A trap for the unwary? Tom Roscoe, Wilberforce Chambers. April 2014

A Critique of the Doctrine of Adverse Possession

Arbitration - Mandatory or Voluntary?

ORDINANCE NO N.S.

Transcription:

Law and Economics Session 7 Property Law 1 Elliott Ash Columbia University June 5, 2014

Group Presentations Topics: 1 Environmental law 2 Health/safety regulation 3 Taxation 4 International law 5 Corporate law/governance 6 Bankruptcy law 7 Antitrust 8 Regulation of natural monopoly 9 Employment law 10 Antidiscrimination law 11 Family Law 12 Trusts and Estates 13 Evidence

An economic theory of property Property: A bundle of rights an owner exercises over a specified resource, such as the right to own, transform and transfer. Often, property rights are ambiguous. In a sense, property rights are what the courts are expected to rule in the event of a dispute.

Issues in property law Why should there be property rights? Why should governments protect them? Do property rights matter? That is, do property rights allocations have efficiency consequences?

Issues in property law What can be owned privately and what should be owned publicly? What may owners do with their property? How to compensate for the violation of property right?

Why have property rights? Efficient Exchange. Efficient utilization of resources Tragedy of commons. Open pastures, open fisheries Illustration: Suppose two herdsmen raise cattle on a common pasture. Each cattle brings $5 if there are two cattle raised; $3 if there are three cattle raised; $2 if there are four raised (Diminishing returns). Suppose each herdsman puts either 1 or 2 cattle on the commons. Protection of property right discourages reallocational efforts, which are not productive. Lack of government protection of property rights entails private enforcement efforts. Why are private enforcement less efficient? Public good feature of enforcement.

One Property Right: The Right to Resell Yes for many goods No for many others Examples? Inalienable goods.

More on transaction costs Search costs Information costs Incomplete contracts Endowment effect Wealth constraints

More on transaction costs

Theorems for what the law should do What should the law do in light of the failure of the Coase Theorem with transaction costs? Normative Coase Theorem : Law should facilitate voluntary bargaining. Normative Hobbes Theorem : Law should minimize the harm resulting from the failure of voluntary bargaining. Why the government should publish private information about companies, for example.

Remedies for property rights violations Damages: Compensatory monetary damages for the wrongs inflicted. If you trampled my crops, you pay the monetary value of the harm How to set damages for trespassing? Injunction: Court order enjoining the defendant to stop violation. What should be the rule if someone steals a family heirloom?

Example: Laundry and Electric Company Facts: E pollutes L, destroying L s profit of $200. Without pollution, E and L would earn respectively $1000 and $300. The pollution can be prevented by installation of scrubbers by E at the cost of $500 or by installation of filters by L at the cost of $100. Socially efficient outcome. Outcomes under: No remedy (with and without bargaining) Damages for pollution (with and without bargaining) Injunctions to prevent pollution (with ot without bargaining) When bargaining is impossible, legal incentives can reduce efficiency.

Role of Transaction Costs With no transaction costs: Injunctions/Damages doesn t matter High transaction costs: In this case, no remedy was best, but damages was preferred to injuction Low/medium transaction costs: Injunction is preferred because it gives the parties clear positions from which to bargain.

Sriracha Sauce Case A Southern California city has declared the factory that produces the popular Sriracha hot sauce a public nuisance. The Irwindale City Council s action Wednesday night gives the factory 90 days to make changes to stop the spicy odors that prompted complaints from some residents last fall. Declaring a public nuisance will allow city officials to enter the factory and make changes if the odors persist after the deadline.... Irwindale sued Huy Fong Foods last October, asking a judge to halt production at the company s factory, saying residents downwind complained that fumes from the grinding of red hot chili peppers was stinging their eyes and giving them headaches and coughing fits. In November a judge ordered the company to stop producing the annoying odors, but by then the annual pepper-grinding season, which runs from August through October, had ended. In the meantime, several residents complained that the smell was persisting as Huy Fong Foods workers continued to bottle the popular hot sauce that is a staple in Asian restaurants and homes. Data provided by the AQMD showed the majority of complaints came from four households.

Public vs. Private Ownership Earlier we saw that private ownership of the commons was preferred to common ownership. In general: private goods should be privately owned public goods should be publicly owned In particular: Nonrival goods should be publicly owned

Rights of Use for Personal Property Usually rights of use to owned property should be unrestricted. In the absence of externalities, broadening rights of use expands the owner s choice set without imposing costs on others. With externalities, use rights may be restricted E.g., a loud drum set.

What about redistribution? As we saw in the section on wealth effects, assignment property rights can be seen as an allocation of wealth. Why not reassign property rights from the wealthy to the poor? In general, a redistributive goal can be better served by tax/subsidy policies.

Solve Rancher-Farmer Dilemma with other doctrines? Contract? Tort? Criminal Law?

The distinction between contract and property Contractual obligations are made between two individuals. Property obligations run with the land.