Alfred M. Olivetti, Jr., and Jeff Worsham

Olivetti and Worsham explore the legal and legislative efforts of the property rights movement to oppose governmental regulatory taking, in particular those motivated by environmental protection and land conservation policy.

The property rights "movement," a coalition of mineral industry actors, anti-government propagandists, and local economic interests, is best viewed as a backlash aimed at regulations associated with environmental protection and public lands conservation policy. Using a combination of interviews and archival research, Olivetti and Worsham examine the interplay between attempts to set the property rights agenda in Congress, the Courts, and at the state level. They find that having failed to take control of the congressional agenda, the movement engages in a vertical shift, focusing its efforts on the states and through state level challenges, the federal courts.

Table of Contents

1. Introduction
2. Changing the Tide of Events
3. Modern Environmentalism and the Property Rights Movement
4. Tracking the Property Issue in Congress
5. States Move on Property Rights
6. Conclusions

References
Appendices
Index