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Public Rights of First Refusal
Damrosch, Peter
Damrosch, Peter
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Abstract
Public authorities, at all levels of government, have been using a little-known land-use power to acquire property. This power, known as a right of first refusal, enables the government to acquire private property as long as it matches the price of any third-party offer. In this Note, I show how governments use rights of first refusal in areas as diverse as transportation, conservation, and affordable housing. I argue that public rights of first refusal can, under certain conditions, provide a means of balancing individual and collective needs that is superior to both eminent domain and regular purchasing.