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On Private Property: Finding Common Ground on the Ownership of Land
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. 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.
Freyfogle's argument culminates in an intriguing Landowner Bill of Rightsfar different from property-rights measures now being discussed.
Freyfogle's argument culminates in an intriguing Landowner Bill of Rightsfar different from property-rights measures now being discussed.
- GenresUrbanismPhilosophy
208 pages, Paperback
First published November 1, 2007
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Displaying 1 - 2 of 2 reviews
December 14, 2017
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.
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.
April 28, 2012
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.
Displaying 1 - 2 of 2 reviews