Land Use Policy as Volitional Pragmatism

Land-use conflicts highlight several myths about property rights. The central myth is that property rights are linked to natural rights, that property rights are durable and unchanging, and that any interference with these property rights requires public compensation. However, particular settings and circumstances lead to conflicting rights claims which the courts must sort through to determine where the more compelling rights claim resides. Situations are not protected because they have property rights. Rather, those situations found worthy of protection by the courts acquire the status of a property right. Property rights are not discovered, but are created by the courts. Applied economists must build models of property rights conflicts predicated upon an epistemology of volitional pragmatism.