The Social Nature of Property: An Analysis Using Hohfeldian Jural Relations

Sarah Klammer and Eric Scorsone

Journal of Economic Issues, 2024, vol. 58, issue 2, 635-641

Abstract: As John R. Commons taught us nearly 100 years ago and has been reinforced by scholars like Warren Samuels in the middle and late twentieth century, legal and economic systems co—evolve with each other and co—determine the performance we observe. In a recent Supreme Court Case, PennEast Pipeline Co. v. New Jersey, the U.S. Supreme Court ruled that a pipeline developer may use the federal government’s legal power of eminent domain to seize state property, should they obtain the appropriate certificate from the Federal Energy Regulatory Commission (FERC). A Hohfeldian jural relations framework as developed by Klammer and Scorsone is used to explore the social nature of property as illustrated in the case, highlighting the implications of differing interpretations of the Natural Gas Act and other legal doctrine for the State of New Jersey, PennEast, the FERC, and other property interests.

Date: 2024
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DOI: 10.1080/00213624.2024.2344447

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