Christopher Tyson, ‘Municipal Identity as Property’

Detroit is bankrupt, and very little of the theorizing and editorializing about this watershed event has contemplated municipal boundary law as a contributing factor. To the extent that it has, the analysis fails to grasp how essential municipal boundaries are to the creation of economic and social value in the modern metropolis. It has been almost 20 years since Richard Briffault, Gerald Frug, and Richard Ford released their path-breaking scholarship on the municipal boundary problem, yet metropolitan regions continue to fragment in much the same way Detroit did throughout the twentieth century. The persistent fragmentation evident in many metropolitan areas raises familiar questions about the meaning and function of municipal boundaries and how local government law should respond. At the center of the contemporary metropolitan boundary problem are the localist ambitions of the cityhood and annexation movements …

Christopher J Tyson, Municipal Identity as Property, 118 Penn State Law Review 647 (2014).

First posted 2014-04-16 08:00:34

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