The Land We Share: Private Property And The Common Good

by Eric T. Freyfogle

Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America.Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.

Genres: Nonfiction, Urban Planning

352 pages, Hardcover

First published January 1, 2003

Reviews

[Melanie · Rating 4 out of 5]

Freyfogle offers a decent historical/legal/cultural background to explain how the US system came to be the way it is presently--that is, how we use water and land. (There is a huge assumption underlying that last clause which the astute reader will note but which I will not unpack now.) This excellent explanation in turn makes it excruciatingly clear why and how our present legal structure is so woefully inadequate for addressing urgent concerns, imminent threats, not to mention long-term planning. In other words, for a reader who has read and understands even a fraction of the concerns approaching in various climate change scenarios, it is apparent that we need something radically different.
This book assumes a long-term viability of conditions and proposes solutions based solely on the current system. You will perhaps have realized that in my view, this falls far short of what we need if we are to mitigate the impact of any of our most pressing environmental problems.

[Ms. Rocket Pie]

This book lucidly explores the philosophy, justice, and implications of private property rights in the United States. The origins and implications of private property ownership are called in to question. If private property rights rise out of the need for public protection, then why is public protection sacrificed for private property rights? Public policy has shifted to accommodate industrialization, and the current trends are indicated by the increase in law use policy and growth management. We'll see how it goes.

[Thomas Jordan · Rating 5 out of 5]

I loved this book. It asks some profound questions about the basic nature of property rights and reminds us that private property is an organic institution that has changed in meaning over the years. It might be a bit dense for someone who does not have a background in urban planning or law, however. I enjoyed it, in part, because I was already familiar with some of the legal background and case law the author discusses. I'm not entirely sure this book would be as accessible to a person who is unfamiliar with 'Euclid v Ambler Realty' or 'Kelo v New London'.

[Jason · Rating 4 out of 5]

I used this book for my land use class the last time I taught it. I wish I could teach that class again.

[Bob · Rating 5 out of 5]

Very accessible and enjoyable examination of the history of private property in the United States. He makes a persuasive case that we should use common law and the common good to guide our property system.

[Christopher · Rating 5 out of 5]

Absolutely fascinating. And important.

[Julia · Rating 4 out of 5]

Loved it.

[Olivia Lewis · Rating 1 out of 5]

One of the worst books I've ever read