Sequential vs Simultaneous Games
2.6 Conclusions
In this chapter, we discussed several problems related to providing financial means to develop a public infrastructure. Value capturing has been suggested as a promising solution to these problems and has attracted the interest of many public authorities around the world, including the Netherlands. In general, value capturing can be defined as the process of recouping all or a portion of the increment in land and property values that results from an improvement in certain public services—rather than from the landowner’s action—to be used for public purposes. A long‐standing debate has centred on who should receive the value increase that results from public activities, and this can be related to a broader discussion regarding the content of the rights governing land ownership. In the Netherlands, this value increase goes to the landowner, and there is no special legal instrument that acknowledges a public share in the increased value of private property that accumulates from public investments. In this chapter, we argue that the discussion regarding
whether public authorities have the right to capture the unearned value that they received from private properties should not be the central issue in an attempt to promote value capturing. Without question, the option of transferring the increased value from private landowners to the public authority must be fair; otherwise, it would promote social efficiency to all parties involved in the process. Therefore, any regulation to endorse the implementation of value capturing should— at the very least—not endanger the private landowner’s welfare. This concern was also the central issue in Coase’s approach to deal with externality problems that can be strongly related to value capturing, as it can be viewed as a tool for internalising positive externalities. Coase approach therefore also provides a compelling argument in favour of basing value capturing on an acceptable negotiation outcome.
We extended our argument with the idea of negotiation, which can be investigated using the concept of equilibrium in game theory. In a highly simplified manner, value capturing can be conceptualised as the process of establishing a social contract in order to achieve the optimum allocation of an increment value that results from a public investment between only two parties (namely, a public authority and a private property owner). Here, we argue that this process should be conducted through a negotiation mechanism. Based on the Coase Theorem, as discussed above, this negotiation process can achieve optimum allocation when there are low—or even no— transaction costs involved. Because a negotiation without transaction costs is nearly impossible to achieve in practise, introducing specific regulations to allow stakeholders to negotiate with the lowest possible transaction costs is important. However, using a game‐theoretical approach, it can be revealed that having low—or even no—transaction costs alone might not necessarily be sufficient to create an optimal or efficient outcome.
Using game theory allows one to observe the various equilibrium possibilities that arise when players are free to interact and make a decision, i.e. with no transaction costs involved. It was argued that the optimum outcome can only be expected in a case in which the interaction structure of the stakeholders naturally produces the optimum equilibrium. Consequently, any statutory public intervention introduced to enforce the interaction of stakeholders towards a specific result without considering the equilibrium that results from that interaction might well end in failure.
It is true that game theory—and the five classic games in particular—describes the interaction situation in a highly simplified manner. Moreover, most game‐theoretical models intrinsically assume that a face‐to‐face negotiation is not always possible, particularly for models that are based in a non‐cooperative setting. This limitation is a criticism of game theory. Nevertheless, at the very least, game‐theoretical models facilitate the simple and clear structuring of interdependent situations. Furthermore, with proper validation, these models can serve as the first step in raising our understanding of the decision problems faced in value capturing, which might subsequently serve as the key to achieving higher success in the public‐private co‐financing of public infrastructure development.
In addition, using the idea of equilibrium to develop instruments for value capturing that are based on a negotiation process would not only increase the acceptability of the results of value capturing, but it might also yield a more optimal outcome for the stakeholders. Finding an equilibrium means finding a natural position for either agreement or disagreement between the parties involved and might therefore serve as an indicator for whether an agreement can naturally be reached or not. If an agreement can be reached, then public enforcement will not be needed in
37 Chapter 2 – Public Infrastructure Financing and Value
order to arrive at that agreement; if an agreement cannot be reached, this will provide an idea of what conditions should be created to allow the stakeholders to reach an agreement. However, although we do not expect that it would solve all of the problems associated with financing public development projects, it may at least contribute to any attempts to move in that direction.