The Assignment of Property Rights on the Western Frontier: Lessons for Contemporary Environmental and Resource Policy
Abstract
I examine the assignment of private property rights during the nineteenth and early twentieth centuries to five natural resources on federal lands in the Far West. Assigning property rights required adaptation from established, eastern practices. The resulting property rights and their long-term welfare effects inform over-fishing, excessive air pollution, and other natural resource and environmental problems. Allocations based on local conditions, prior use, and unconstrained by outside government mandates were most effective in both addressing the immediate threat of open-access and providing a longer-term basis for production, investment, and trade. Initial faulty property allocations and path dependencies are discussed.This is what stretched westward from the 100th meridian, this complex, misunderstood two fifths of the continental United States where men had come before law arrived and where before there were adequate maps there were warring interests, white against Indian, cattleman against sheepman and both against nester, open range notions against the use of the newly invented barbed wire, Gentile against Mormon, land rights against water rights, appropriation rights to water against riparian rights to water, legitimate small settler against speculator and land-grabber. The public domain as Powell knew it was all of these, its only unity the unity of little rain.Wallace StegnerStegner, Beyond the 100th Meridian, p. 218.Download Info
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Article provided by Cambridge University Press in its journal The Journal of Economic History.
Volume (Year): 67 (2007)
Issue (Month): 02 (June)
Pages: 257-291
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Related research
Keywords:Other versions of this item:
- Gary D. Libecap, 2006. "The Assignment of Property Rights on the Western Frontier: Lessons for Contemporary Environmental and Resource Policy," NBER Working Papers 12598, National Bureau of Economic Research, Inc.
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- N21 - Economic History - - Financial Markets and Institutions - - - U.S.; Canada: Pre-1913
- N22 - Economic History - - Financial Markets and Institutions - - - U.S.; Canada: 1913-
- N5 - Economic History - - Agriculture, Natural Resources, Environment and Extractive Industries
- Q15 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Agriculture - - - Land Ownership and Tenure; Land Reform; Land Use; Irrigation; Agriculture and Environment
- Q2 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation
- Q27 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation - - - Issues in International Trade
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Citations
Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.Cited by:
- Gary D. Libecap & Dean Lueck, 2009. "The Demarcation of Land and the Role of Coordinating Institutions," NBER Working Papers 14942, National Bureau of Economic Research, Inc.
- Gary D. Libecap & Terry L. Anderson, 2009. "The Allocation and Dissipation of Resource Rents: Implications for Fishery Reform," ICER Working Papers 13-2009, ICER - International Centre for Economic Research.
- Lee J. Alston & Edwyna Harris & Bernardo Mueller, 2009.
"De Facto and De Jure Property Rights: Land Settlement and Land Conflict on the Australian, Brazilian and U.S. Frontiers,"
NBER Working Papers
15264, National Bureau of Economic Research, Inc.
- Lee J. Alston & Edwyna Harris & Bernardo Mueller, 2009. "De Facto and De Jure Property Rights: Land Settlement and Land Conflict on the Australian, Brazilian and U.S. Frontiers," CEPR Discussion Papers 607, Centre for Economic Policy Research, Research School of Economics, Australian National University.
- Gary D. Libecap, 2010. "Institutional Path Dependence in Climate Adaptation: Coman's “Some Unsettled Problems of Irrigation”," NBER Working Papers 16324, National Bureau of Economic Research, Inc.
- Fenske, James, 2010.
"Trees, tenure and conflict: Rubber in colonial Benin,"
MPRA Paper
26244, University Library of Munich, Germany.
- James Fenske, 2011. "Trees, Tenure and Conflict: Rubber in Colonial Benin," Working Papers UNU-WIDER Working Paper W, World Institute for Development Economic Research (UNU-WIDER).
- Gary D. Libecap, 2010. "Institutional Path Dependence in Climate Adaptation: Coman’s “Some Unsettled Problems of Irrigation”," ICER Working Papers 33-2010, ICER - International Centre for Economic Research.
- Gary D. Libecap, 2010. "Water Rights and Markets in the U.S. Semi Arid West: Efficiency and Equity Issues," ICER Working Papers 30-2010, ICER - International Centre for Economic Research.
- Gary Libecap, 2007. "Regulation and Deregulation: Property Rights Allocation Issues in De Regulation of Common Pool Resources," ICER Working Papers 28-2007, ICER - International Centre for Economic Research.
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