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The Economy of Nature, Private Property, and the Endangered Species Act

By Albert Gidari

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Abstract

For the past thirty years, Professor Sax has been promoting a view of the law that would permit the government to force private landowners to maintain their property in an undeveloped state without any compensation for the benefit of Nature. His goal has been "to
propel nature's economy onto the legal agenda" where the state may "subordinate private [property] use to demands for the maintenance of natural services, even where the private owner's property is left valueless." These theories of Professor Sax and other proponents of his philosophy might best be viewed as the Romantic period of takings scholarship because they are grounded in an idealized view of Nature and divorced from science, history, and the roots and branches of the common law of property.'

Submitter

Katie Carroll

Date 2011
Publication Title Fordham Environmental Law Review
Volume 6
Issue 3
Pages 661-687
Publisher The Berkeley Electronic Press
URL http://ir.lawnet.fordham.edu/elr/vol6/iss3/9/
Language English
Additional Language English
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Tags
  1. Animal roles
  2. Animals in culture
  3. Animal welfare
  4. Endangered species
  5. Nature
  6. properties
  7. wildlife