On Private Property: Finding Common Ground on the Ownership of Land by Eric Freyfogle

by Eric T. Freyfogle

Urban sprawl. Disappearing wetlands. Historic preservation. Eminent domain. These and related land-use issues have put private-property rights on the public agenda in a contentious, visible way. Proponents of "property rights" statutes and ballot measures claim that governments too often invade private rights, imposing heavy burdens without paying fair compensation. Meanwhile, environmental and historic-preservation advocates press for yet more land-use restrictions designed to address a suite of environmental challenges.In this provocative book, legal scholar and conservationist Eric T. Freyfogle presents the private-property debate in a surprising new light while suggesting how we can both respect private property and achieve communal goals. Our chief problem, Freyfogle contends, is that we have not taken time to study this cherished institution, to recover its complexity, and to get beyond bumper sticker debates. We fail to see how the rights of neighboring landowners are intertwined. We overlook how property both expands and contracts individual liberty. And we've forgotten how private rights need to evolve over time to serve contemporary needs.In On Private Property, Freyfogle shows sympathy for the allegations of the property-rights movement, yet he sees the movement itself as distorting the institution of private ownership and disconnecting it from its long-standing ties to community welfare. Even more controversially, Freyfogle criticizes the land conservation movement for its indiscriminate support of payments to landowners to use their lands well. Payment programs, he complains, cut short a much-needed debate about the kinds of development rights landowners ought to hold and about the prerogative of landowners to alter lands in ways that bring ecological decline. In conclusion, he brings together his provocative ideas in an intriguing Landowner Bill of Rights—far different from property-rights measures now being debated.Freyfogle's wide-ranging inquiry offers fresh insights for every reader. The result is a book of originality and moral force, informed by history, ethics, and environmental awareness. Engaging and accessible, On Private Property is a unique and vital contribution to a fundamental contemporary issue.

Genres: Urbanism, Philosophy

Paperback

First published November 1, 2007

Reviews

[Eric · Rating 3 out of 5]

An insightful view into the subject of private property.

I hadn't thought too long and hard about what the exact definition and terms of ownership were regarding land. Very surprised to find that there is not only no universal standard for defining ownership but the use allowances for the owner are practically based on a parcel to parcel basis. And those too can change over time. Or, as Mr. Freyfogle argues convincingly, they must change to remain relevant and useful.

He provides interesting examples, primarily from the US court system. Similar cases do not always arrive at the same conclusions. This is why he urges for some basic principles to be defined. But each state is allowed to manage it's land as it sees fit and the supreme court of the federal government only rules on if the state has applied it's own rules correctly.

I would have rated this book four stars if the author had steered it into a forceful argument for the change he believes must occur. I was very interested at the beginning until the maze of conflicting regulations just lost me.

The epilogue is also an engaging foray into a fictional depiction of the history of land use. Just like the book it starts out interesting but by the end it is awash in questions that I want answers proposed to.

At the level of expertise that Mr. Freyfogle displays on the subject I would certainly nominate him for a commission on property reform. It seems like something that should be a thing even though I never thought about it until now.

If you own property or are considering a purchase you might want to read this to understand what you're getting in to.

[Lori · Rating 3 out of 5]

Surprisingly interesting. Who knew that what some conservatives would describe as a god-given right (private property) actually has a complicated history of policy behind it that originally resembled an open range of "what's mine is yours." I had this idea that colonists had a hoarder mentality, but not so, according to Freyfogle. The institution of private property always served a purpose within the larger institutions of the United States, and was not born out of the rights of individuals. It is important to note that this book covers the history of property rights within the context of the United States (post colonization). In the epilogue he attempts to make-up for the lack of attention to the minor detail that is manifest destiny by romanticizing a generic "indigenous" perspective on land ownership. Not cool.