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An Exploration of Coastal Property Rights in the United States under Conditions of Sea Level Rise
Property Rights in Contemporary Governance (2019)
  • Chad J McGuire
Abstract
As seas continue to rise, the traditional balance between private landowner rights and the public
good come into conflict. Much of this conflict resides in how property rights are viewed from the
standpoint of societal norms. On one side is what this chapter terms a Lockean view that sees real
property rights as outside societal norms, meaning they do not change as the values of society
change over time. On the other side is what is terms a Modern view, which sees real property
rights as subservient to societal norms. Under a Modern view, property rights are more malleable
and subject to change. Using these two views as counterpoints, this chapter looks at current law
and policy issues surrounding the treatment of property rights in the coastal zone under
conditions of sea level rise. Ultimately, how we choose to view the property rights of coastal
owners will matter greatly in our ability to meaningfully deal with the threats of sea level rise.
Keywords
  • property rights,
  • sea level rise,
  • climate change,
  • coastal adaptation
Publication Date
2019
Editor
Staci Zavattoro
Publisher
SUNY Press
Citation Information
Chad J McGuire. "An Exploration of Coastal Property Rights in the United States under Conditions of Sea Level Rise" Property Rights in Contemporary Governance (2019) p. 109 - 125
Available at: http://works.bepress.com/chad_mcguire/71/
Creative Commons License
Creative Commons License
This work is licensed under a Creative Commons CC_BY International License.