Taking Farmers' Property Rights Seriously and Just Compensation on their Taking

BR Pape

Taking Farmers' Property Rights Seriously and Just Compensation on their Taking

BR Pape

School of Law

Research output: Contribution to conference › Paper

Abstract

A desire to protect the environment and to manage natural resources in a sustainable way have caused the enactment of much legislation. These statutes work by "commanding and controlling" the way in which natural resources are used. For example water, forests and farming lands. They are the antithesis of the idea that 'freedom – not authority – will provide the most responsible and beneficial stewardship of the planet'.⁶One result of the restrictions imposed by such legislation has been to reduce the economic value of farming lands and the income so generated from growing crops or grazing livestock. A question which arises is whether property owners so burdened, have any legal right to compensation and if not whether they ought to be so compensated? If they are to remain uncompensated for their losses, are these losses tantamount to taxation?

Original language	English
Pages	1-35
Publication status	Published - 2006
Event	Global Conference On Environmental Taxation Issues, Experience and Potential 2003: Fourth Annual Global Conference On Environmental Taxation Issues, Experience and Potential - Sydney, Australia Duration: 5 Jun 2003 → 7 Jun 2003

Conference

Conference	Global Conference On Environmental Taxation Issues, Experience and Potential 2003: Fourth Annual Global Conference On Environmental Taxation Issues, Experience and Potential
City	Sydney, Australia
Period	5/06/03 → 7/06/03

Keywords

Taxation Law

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https://hdl.handle.net/1959.11/1014

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@conference{3ba8978e6e594e46835efaf3d61bdda0,

title = "Taking Farmers' Property Rights Seriously and Just Compensation on their Taking",

abstract = "A desire to protect the environment and to manage natural resources in a sustainable way have caused the enactment of much legislation. These statutes work by {"}commanding and controlling{"} the way in which natural resources are used. For example water, forests and farming lands. They are the antithesis of the idea that 'freedom – not authority – will provide the most responsible and beneficial stewardship of the planet'.6One result of the restrictions imposed by such legislation has been to reduce the economic value of farming lands and the income so generated from growing crops or grazing livestock. A question which arises is whether property owners so burdened, have any legal right to compensation and if not whether they ought to be so compensated? If they are to remain uncompensated for their losses, are these losses tantamount to taxation?",

keywords = "Taxation Law",

author = "BR Pape",

year = "2006",

language = "English",

pages = "1--35",

note = "Global Conference On Environmental Taxation Issues, Experience and Potential 2003: Fourth Annual Global Conference On Environmental Taxation Issues, Experience and Potential ; Conference date: 05-06-2003 Through 07-06-2003",

}

Pape, BR 2006, 'Taking Farmers' Property Rights Seriously and Just Compensation on their Taking', Paper presented at Global Conference On Environmental Taxation Issues, Experience and Potential 2003: Fourth Annual Global Conference On Environmental Taxation Issues, Experience and Potential, Sydney, Australia, 5/06/03 - 7/06/03 pp. 1-35. <https://hdl.handle.net/1959.11/1014>

TY - CONF

T1 - Taking Farmers' Property Rights Seriously and Just Compensation on their Taking

AU - Pape, BR

PY - 2006

Y1 - 2006

N2 - A desire to protect the environment and to manage natural resources in a sustainable way have caused the enactment of much legislation. These statutes work by "commanding and controlling" the way in which natural resources are used. For example water, forests and farming lands. They are the antithesis of the idea that 'freedom – not authority – will provide the most responsible and beneficial stewardship of the planet'.6One result of the restrictions imposed by such legislation has been to reduce the economic value of farming lands and the income so generated from growing crops or grazing livestock. A question which arises is whether property owners so burdened, have any legal right to compensation and if not whether they ought to be so compensated? If they are to remain uncompensated for their losses, are these losses tantamount to taxation?

AB - A desire to protect the environment and to manage natural resources in a sustainable way have caused the enactment of much legislation. These statutes work by "commanding and controlling" the way in which natural resources are used. For example water, forests and farming lands. They are the antithesis of the idea that 'freedom – not authority – will provide the most responsible and beneficial stewardship of the planet'.6One result of the restrictions imposed by such legislation has been to reduce the economic value of farming lands and the income so generated from growing crops or grazing livestock. A question which arises is whether property owners so burdened, have any legal right to compensation and if not whether they ought to be so compensated? If they are to remain uncompensated for their losses, are these losses tantamount to taxation?

KW - Taxation Law

UR - http://www.us.oup.com/us/catalog/general/subject/Law/Taxation/?view=usa&ci=9781904501190

UR - http://www.law.mq.edu.au/eti/

M3 - Paper

SP - 1

EP - 35

T2 - Global Conference On Environmental Taxation Issues, Experience and Potential 2003: Fourth Annual Global Conference On Environmental Taxation Issues, Experience and Potential

Y2 - 5 June 2003 through 7 June 2003

ER -

Taking Farmers' Property Rights Seriously and Just Compensation on their Taking

Abstract

Conference

Keywords

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