Contracting for control of landscape-level resources

Karen Bradshaw Schulz, Dean L Lueck

Research output: Contribution to journalArticle

3 Scopus citations

Abstract

Environmental governance increasingly focuses on public private partnerships. We focus on contracting as a subset of the role of private actors governing landscape-level resourcessuch as wildlife habitats, scenic vistas, and firescapesthat exceed individual parcel sizes and are thus difficult for individual landowners to control unilaterally. Numerous contractual arrangements have emerged to exert coordinated control over landscape-level resources. We hypothesize that variations in laws and transaction costs, which are controlled largely by the homogeneity of landowner preferences across fragmented parcels, drive private control of landscape-level resources. In the absence of effective private control, government agencies may assume control of the landscape-level resources. A series of case studies discusses how law shapes the conditions that favor private contracting regimes of landscape-level resources, which highlight broader themes of law as a catalyst for new governance.

Original languageEnglish (US)
Pages (from-to)2507-2549
Number of pages43
JournalIowa Law Review
Volume100
Issue number6
StatePublished - Aug 1 2015

ASJC Scopus subject areas

  • Law

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