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

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Author Info
Gary D. Libecap

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Abstract

In addressing environmental and natural resource problems, there is a move away from primary reliance upon centralized regulation toward assignment of property rights to mitigate the losses of open-access. I examine the assignment of private property rights during the 19th and early 20th centuries to five natural resources, mineral land, timberland, grazing and farm land, and water on federal government lands in the Far West. The region was richly endowed with natural resources, but assigning property rights to them required adaptation from established, eastern practices as defined by the federal land laws. The property rights that emerged and their long-term welfare effects provide a laboratory for examining current questions of institutional design to address over-fishing, excessive air pollution, and other natural resource and environmental problems. A major lesson is that property rights allocations based on local conditions, prior use, and unconstrained by outside government mandates were most effective in addressing not only the immediate threat of open-access, but in providing a longer-term basis for production, investment, and trade. Another lesson is how hard it is to repair initial faulty property allocations. Accordingly, path dependencies in property rules are real, and they have dominated the economic history of resource use in the West.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 12598.

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Date of creation: Oct 2006
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Handle: RePEc:nbr:nberwo:12598

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Find related papers by JEL classification:
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
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 - - - Renewable Resources and Conservation: Issues in International Trade
Q28 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Renewable Resources and Conservation - - - Government Policy
Q3 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Nonrenewable Resources and Conservation
Q32 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Nonrenewable Resources and Conservation - - - Exhaustible Resources and Economic Development

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References listed on IDEAS
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  4. 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. [Downloadable!] (restricted)
  5. Milgrom, Paul, 1989. "Auctions and Bidding: A Primer," Journal of Economic Perspectives, American Economic Association, vol. 3(3), pages 3-22, Summer. [Downloadable!] (restricted)
  6. Stavins, Robert, 2003. "Market-Based Environmental Policies: What Can We Learn from U.S. Experience (and Related Research)?," Discussion Papers dp-03-43, Resources For the Future. [Downloadable!]
    Other versions:
  7. 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. [Downloadable!] (restricted)
  8. Johnson, Ronald N., 1995. "Implications Of Taxing Quota Value In An Individual Transferable Quota Fishery," Marine Resource Economics, Marine Resources Foundation, vol. 10(4). [Downloadable!]
  9. Lueck, Dean, 2002. "The Extermination and Conservation of the American Bison," Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages S609-52, June.
  10. 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. [Downloadable!] (restricted)
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    Other versions:
  12. 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. [Downloadable!] (restricted)
  13. Johnson, Ronald N & Gisser, Micha, 1981. "The Definition of a Surface Water Right and Transferability," Journal of Law & Economics, University of Chicago Press, vol. 24(2), pages 273-88, October.
  14. McMillan, John, 1994. "Selling Spectrum Rights," Journal of Economic Perspectives, American Economic Association, vol. 8(3), pages 145-62, Summer. [Downloadable!] (restricted)
  15. 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. [Downloadable!]
  16. 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. [Downloadable!] (restricted)
  17. Anderson, Terry L & Hill, Peter J, 1975. "The Evolution of Property Rights: A Study of the American West," Journal of Law & Economics, University of Chicago Press, vol. 18(1), pages 163-79, April.
  18. 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. [Downloadable!] (restricted)
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  21. Allen, Douglas W, 1991. "Homesteading and Property Rights; or, "How the West Was Really Won."," Journal of Law & Economics, University of Chicago Press, vol. 34(1), pages 1-23, April.
  22. Lee J. Alston & Gary D. Libecap & Robert Schneider, 1996. "The Determinants and Impact of Property Rights: Land Titles on the Brazilian Frontier," NBER Working Papers 5405, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  23. 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. [Downloadable!] (restricted)
  24. Paul Klemperer, 2002. "What Really Matters in Auction Design," Journal of Economic Perspectives, American Economic Association, vol. 16(1), pages 169-189, Winter. [Downloadable!] (restricted)
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  25. David Gerard, 2001. "Transaction Costs and the Value of Mining Claims," Land Economics, University of Wisconsin Press, vol. 77(3), pages 371-384. [Downloadable!] (restricted)
  26. 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. [Downloadable!] (restricted)
  27. 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. [Downloadable!]
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. 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. [Downloadable!] (restricted)
  2. 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. [Downloadable!]
  3. 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. [Downloadable!] (restricted)
    Other versions:
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