By Hertha L. Lund
This new study by Hertha L. Lund explores recent efforts to pass state legislation protecting property rights. It discusses the reasons behind the movement to pass property rights laws in the states.
The paper analyzes the political history of these laws, indicating why such legislation has passed in some states, and why it has failed in others. It also explains why governmental taking of property through regulation is a constitutional issue, and responds to the major objections made by opponents of the legislation.
The author, Lund, wrote this paper while serving as a PERC Research Fellow and also pursuing a law degree at the University of Montana. She covered western environmental and land-use issues as a journalist before coming to PERC.