Naslov
Scarcity, Taxes, and Telecom Infrastructure: An Uneasy Case for Easements

Autori
Ernst, Hano

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Association of Law, Property, and Society 8th Annual Meeting

Mjesto i datum
Ann Arbor (MI), Sjedinjene Američke Države, 18.05.2017. - 20.05.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
telecom, infrastructure, easements, tax law, property

Sažetak
The long-term goals of telecommunications liberalization strategies such as promoting competition and network development, as well as advances in technology have put pressures on land supporting additional or upgraded infrastructure. Scarcity of rights-of-way coupled with owner easement fatigue have led to tensions between municipalities, private owners, and telecoms in securing and designing telecom easements. This paper traces the development of different analytic schemes underlying these relationships in E.U. and U.S. law, and develops a theory that attempts to explain their different approaches. I first look at E.U. telecom authorization regulation and case law covering facilities installation fees, which, albeit required to reflect the optimal use of rights-of-way as scarce resources, has remained reluctant to take on traditional takings doctrines and acquiesced to a taxation-based approach to municipal compensation schemes. I then look at U.S. law, which, after an extensive period of application of Section 253 of the Telecommunications Act preserving State and local government power over fair and reasonable compensation for use of public rights-of-way remains divided as to its interpretation. By comparing the different narratives in E.U. and U.S. law, I assess their possible cross- applications, as well as discuss core line-drawing issues including public vs. private property, and takings vs. taxation. Finally, in the context of privately owned land, the paper looks at difficulties in easement valuation, as well as the relationship between owners, right-of-way holders and telecoms in cases of apportionment.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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