A Review and Assessment of the Heirs' Property Issue in the United States
The literature examining heirs' property in the United States is organized by the manner in which it addresses one of two concerns. The first concern regards the use of real property as capital and as a productive input. The second concern addresses the vulnerability of one owner to the partition actions of another. Legal reform designed to diminish one concern may have implications for the other. The useful understanding of this potential trade-off for assessing public policy is elucidated by a game theoretic assessment of a recent proposal to reform state partition law.
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