Abstract
The book introduces identification of public choice theory which helps the reader understand the behaviour of federal agents facing the acuteness of thin economic markets (a market is thin or narrow when only a low number of buyers and sellers are in the position to exchange or swap) of exchange (Coggins & Nagel, 1989). There is an initial deliberation on economic terms of exchange and a historical coverage of public policy related to land swaps. The author then discusses the present federal legislations, rules and regulations, and legal precedents. The snapshots of the legal cases presented in the book help in understanding the complex status quo maintained for the two unanswered issues of (a) undervaluation of the federal land and (b) institutional dysfunctions. A closer look at the federal details of the Bureau of Land Management and the US Forest Service land swaps reflects the unsuccessful attempts of the state to solve either one of these issues. The well-defined, systematic and exhaustively laid-out chapters subdivided along the themes mentioned below are quite captivating to read.
The book is divided into three main parts. The first part contextualizes the topic, defining the problems involved in federal land swaps. It also provides a historical synopsis of legislations passed on land swamps by the Congress over time. Utilizing public choice theory, Panagia highlights the agency official’s practices that demarcate a shift where allegiance to the organization is replaced by individualism and self-interest.
The second part reviews different statutes governing the federal land exchange. The author analyses these statutes to understand changes over the course of time while also describing the land exchange procedure. Panagia brings these legislations to life through case laws and administrative judicial decisions concerning completion of the land swaps, valuation and public interest (Paul, 2006).
In the final section, the book highlights the current controversial scenario in the federal land swaps based on governmental investigative reports. By evaluating the investigative reports of each federal agency in detail, it illustrates the trends to transfer federal lands showcasing flawed value appraisals and interpretation of public interest. Panagia concludes by providing suggestions of using important tools such as judicial review and accountability to ensure that the principles of equality in value and the observance of specific public policy to transfer federal lands are maintained.
Overall, the book is comprehensive and innovative in its approach. By stressing on themes of power and privilege throughout the book, Panagia weaves together a coherent narrative that exposes the faults of the current land swap system. Though heavily focused on legal systems and case laws, there’s much for non-legal scholars, especially policymakers and journalists, to gain from reading this book. It is a well-researched book supported by numerous case studies, exhaustive references and literature to substantiate the views of the author.
From an Indian perspective, with discussions on the recent Land Acquisition, Rehabilitation and Resettl-ement Act of 2013, the book provides significant insights about land exchange and acquisition in developed countries. India, with a questionable past in land acquisition, is now attempting a humane, participative, informed and transparent process for land acquisition. This book helps India and other emerging economies form a perspective on improvements in land acquisition policies and implementation measures that can mitigate the adverse impacts of institutional dysfunctions.
While the book puts in a considerable amount of effort to reflect on the existing land exchange laws in the United States, it fails to understand land swaps from a developing country outlook. Without the active inclusion of common law countries’ voices, this book risks speaking on global issues without the perspective of more than half of the globe. The addition of a comparison and contrast with other common law countries on the land exchange practices would have added immensely to the ‘how-to-do’ value of this otherwise remarkable book.
The book under review comes highly recommended to the researchers of history, law and policymakers. The book is recommended for three reasons: it is lucid to read; the research is well substantiated with case laws which are so necessary an angle for better awareness especially for someone with non-legal background and it brings into sharp focus the inadequacies inherent in the system adopted by the agencies.