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The Assignment of Property Rights on the Western Frontier: Lessons for Contemporary Environmental and Resource Policy

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  • Libecap, Gary D.

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.

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Bibliographic Info

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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Handle: RePEc:cup:jechis:v:67:y:2007:i:02:p:257-291_00

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References

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  1. Lueck, Dean, 2002. "The Extermination and Conservation of the American Bison," The Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages S609-52, June.
  2. Libecap, Gary D., 1981. "Bureaucratic Opposition to the Assignment of Property Rights: Overgrazing on the Western Range," The Journal of Economic History, Cambridge University Press, vol. 41(01), pages 151-158, March.
  3. H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Journal of Political Economy, University of Chicago Press, vol. 62, pages 124.
  4. Johnson, Ronald N & Gisser, Micha, 1981. "The Definition of a Surface Water Right and Transferability," Journal of Law and Economics, University of Chicago Press, vol. 24(2), pages 273-88, October.
  5. Anderson, Terry L & Johnson, Ronald N, 1986. "The Problem of Instream Flows," Economic Inquiry, Western Economic Association International, vol. 24(4), pages 535-54, October.
  6. Libecap, Gary D & Wiggins, Steven N, 1985. "The Influence of Private Contractual Failure on Regulation: The Case of Oil Field Unitization," Journal of Political Economy, University of Chicago Press, vol. 93(4), pages 690-714, August.
  7. Alston, Lee J & Libecap, Gary D & Schneider, Robert, 1996. "The Determinants and Impact of Property Rights: Land Titles on the Brazilian Frontier," Journal of Law, Economics and Organization, Oxford University Press, vol. 12(1), pages 25-61, April.
  8. Clay, Karen & Wright, Gavin, 2005. "Order without law? Property rights during the California gold rush," Explorations in Economic History, Elsevier, vol. 42(2), pages 155-183, April.
  9. Alberto Alesina & George-Marios Angeletos, 2004. "Fairness and Redistribution," NajEcon Working Paper Reviews 122247000000000306, www.najecon.org.
  10. Libecap, Gary D., 1978. "Economic Variables and the Development of the Law: The Case of Western Mineral Rights," The Journal of Economic History, Cambridge University Press, vol. 38(02), pages 338-362, June.
  11. Stavins, Robert, 2003. "Market-Based Environmental Policies: What Can We Learn from U.S. Experience and Related Research?," Working Paper Series rwp03-031, Harvard University, John F. Kennedy School of Government.
  12. Libecap, Gary D & Wiggins, Steven N, 1984. "Contractual Responses to the Common Pool: Prorationing of Crude Oil Production," American Economic Review, American Economic Association, vol. 74(1), pages 87-98, March.
  13. Paul Klemperer, 2002. "What Really Matters in Auction Design," Journal of Economic Perspectives, American Economic Association, vol. 16(1), pages 169-189, Winter.
  14. Umbeck, John, 1977. "A Theory of Contract Choice and the California Gold Rush," Journal of Law and Economics, University of Chicago Press, vol. 20(2), pages 421-37, October.
  15. John McMillan, 1994. "Selling Spectrum Rights," Journal of Economic Perspectives, American Economic Association, vol. 8(3), pages 145-162, Summer.
  16. Allen, Douglas W, 1991. "Homesteading and Property Rights; or, "How the West Was Really Won."," Journal of Law and Economics, University of Chicago Press, vol. 34(1), pages 1-23, April.
  17. Milgrom, Paul, 1989. "Auctions and Bidding: A Primer," Journal of Economic Perspectives, American Economic Association, vol. 3(3), pages 3-22, Summer.
  18. David Gerard, 2001. "Transaction Costs and the Value of Mining Claims," Land Economics, University of Wisconsin Press, vol. 77(3), pages 371-384.
  19. Umbeck, John, 1977. "The California gold rush: A study of emerging property rights," Explorations in Economic History, Elsevier, vol. 14(3), pages 197-226, July.
  20. Hallagan, William S., 1978. "Share contracting for California Gold," Explorations in Economic History, Elsevier, vol. 15(2), pages 196-210, April.
  21. Wiggins, Steven N & Libecap, Gary D, 1985. "Oil Field Unitization: Contractual Failure in the Presence of Imperfect Information," American Economic Review, American Economic Association, vol. 75(3), pages 368-85, June.
  22. Grafton, R.Q. & Squires, D. & Fox, K.J., 1998. "Private Property and Economic Efficiency: A Study of a Common-Pool Resource," Working Papers 9804e, University of Ottawa, Department of Economics.
  23. Johnson, Ronald N. & Libecap, Gary D., 1980. "Efficient markets and great lakes timber: A conservation issue reexamined," Explorations in Economic History, Elsevier, vol. 17(4), pages 372-385, October.
  24. Anderson, Terry L & Hill, Peter J, 1990. "The Race for Property Rights," Journal of Law and Economics, University of Chicago Press, vol. 33(1), pages 177-97, April.
  25. Doyle, Matthew & Singh, Rajesh & Weninger, Quinn, 2005. "Fisheries Management with Stock Growth Uncertainty and Costly Capital Adjustment: Extended Appendix," Staff General Research Papers 12291, Iowa State University, Department of Economics.
  26. Hansen, Zeynep K. & Libecap, Gary D., 2004. "The allocation of property rights to land: US land policy and farm failure in the northern great plains," Explorations in Economic History, Elsevier, vol. 41(2), pages 103-129, April.
  27. Johnson, Ronald N & Libecap, Gary D, 1982. "Contracting Problems and Regulation: The Case of the Fishery," American Economic Review, American Economic Association, vol. 72(5), pages 1005-22, December.
  28. Alston, Lee J., 1983. "Farm Foreclosures in the United States During the Interwar Period," The Journal of Economic History, Cambridge University Press, vol. 43(04), pages 885-903, December.
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  31. repec:ags:mareec:28261 is not listed on IDEAS
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Citations

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Cited by:
  1. Fenske, James, 2010. "Trees, tenure and conflict: Rubber in colonial Benin," MPRA Paper 26244, University Library of Munich, Germany.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Daedlow, Katrin & Beckmann, Volker & Schlüter, Maja & Arlinghaus, Robert, 2013. "Explaining institutional persistence, adaptation, and transformation in East German recreational-fisheries governance after the German reunification in 1990," Ecological Economics, Elsevier, vol. 96(C), pages 36-50.
  8. Geenen, Sara, 2012. "A dangerous bet: The challenges of formalizing artisanal mining in the Democratic Republic of Congo," Resources Policy, Elsevier, vol. 37(3), pages 322-330.
  9. Gary D. Libecap, 2011. "Institutional Path Dependence in Climate Adaptation: Coman's "Some Unsettled Problems of Irrigation"," American Economic Review, American Economic Association, vol. 101(1), pages 64-80, February.
  10. 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.
  11. 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.

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