Journal article
The changing paradigm of property and the framing of regulation as a 'taking'
Monash University Law Review, Vol.36(2), pp.50-79
2010
Abstract
The past two decades have seen a concerted attempt by landowner groups to shift the paradigm of property rights from a 'discrete asset' to a 'bundle of rights', and to characterise many restrictions on use rights as a taking of property. Evidence from two recent Commonwealth inquiries into land clearing laws indicates that the reframing of property rights may be affecting the willingness of landowners to tolerate regulatory restrictions on their land use. The arguments advanced by the property rights groups draw on contested concepts from American jurisprudence and scholarship on the 'Takings Clause' in the Fifth Amendment to the US Constitution. The arguments are beginning to present themselves in cases arising under section 51(xxxi) of the Australian Constitution.
Details
- Title
- The changing paradigm of property and the framing of regulation as a 'taking'
- Authors
- Pamela A O'Connor (Author) - Monash University
- Publication details
- Monash University Law Review, Vol.36(2), pp.50-79
- Publisher
- Monash University, Faculty of Law
- Date published
- 2010
- ISSN
- 0311-3140
- Organisation Unit
- University of the Sunshine Coast, Queensland
- Language
- English
- Record Identifier
- 99449118802621
- Output Type
- Journal article
Metrics
2 File views/ downloads
364 Record Views