“ that for the most part regulations and due process emerged to protect public interests from private capture”

I just flat out don’t buy this. The majority of regulations I see “abundance” type people arguing against were never aimed at curtailing private capture. They are aimed at keeping neihborhoods unchanged for generations, making sure everyone up-and-down society gets veto power over any project regardless of type or upside of it, and making sure arbitrary unrelated “goods” are enforced with as much bureaucracy as possible during development (the best example of this is trying to get solar panels built and having to fight many years of “environmental” review for something so desperately needed for our environment).