Trying Arrangements in the Real Estate Market: Federal Antitrust Law and Local Land Development Policy

Authors

Herbert Hovenkamp

Abstract

The power of municipalities to authorize condominium developers to tie the leasing of land or recreational services to the sale of individual units has been challenged as a violation of antitrust law. This Article examines this challenge and suggests that application of antitrust law to local land use planning would be an unreasonable intrusion into the affairs of local government. As a means of defeating the tying charge, the Article proposes that the courts treat land and services as one "product" rather than two.

Recommended Citation

Herbert Hovenkamp, Trying Arrangements in the Real Estate Market: Federal Antitrust Law and Local Land Development Policy, 33 Hastings L.J. 325 (1981).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol33/iss2/1