The “Taking” of Europe: Globalizing the American Ideal of Private Property? (Working Paper)

Author(s): Jacobs, Harvey M.
Publication Date: October 2006

97 pages; Inventory ID WP06HJ1; English

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Abstract

This paper examines Western European efforts in an area which has received limited attention to date – private property rights and the reform of the post WWII public sector system for land use planning and environmental planning and management.

The questions which framed this research include: How is this transition in the institution of private property taking shape? How aware are European advocates of the concerns and criticisms about the U.S. model of private property? To what extent does it appear that Europe will learn from the United States’s lessons with the management of private property?

Findings include:

• Across Europe existing national constitutional provisions are close in content and intent to the U.S. Taking Clause. While some of these constitutions contain language stressing the social function or obligation inherent in private property, the major differences over the legal management of property appear to be not instrumentally legal at all, but cultural, embodying social attitudes and reflective of administrative practices.
• The proposed property provision of the European Constitution seemed to flow logically from many of the national constitutional provisions, to reflect the content and intent of the U.S. Taking Clause, and to not draw much controversy or commentary on English-accessible websites.
• There is interest in a set of property rights related policy initiatives throughout Europe. This is reflected most strongly in the interest of scholars, researchers, and practitioners in new land use and environmental management tools such as transfer of development rights.
• Preliminary data suggests that this interest in policy alternatives is reinforced and by changing social attitudes toward land ownership. Social attitudes seem to be moving towards a more classic U.S. concept, and away from a concept which encompasses the social function and obligation of private property.
• There are a set of sophisticated, well-connected advocacy groups and think-tanks in Europe working to change policy and public attitudes toward private property rights.