Rights of Ownership or Rights of Use? - The Need for a New Conceptual Basis for Land Use Policy

Abstract

The conventional concept of "ownership" in land is detrimental to rational land use, obstructive to the development of related environmental policies, and deceptive to those innocent individuals who would trust it for protection.A new conceptual basis for land use law and policy is required to reconcile the legitimate rights of the users of land with the interest of society in maintaining a high quality environment.This essay is intended to promote discussion of ways to reconcile these objectives.'Were the prevailing legal concepts of land ownership in the United States not already established, it is highly improbable that any similar body of doctrine would develop; rather, law more appropriate to modern social and economic realities would evolve.The existing aggregation of laws and practices pertaining to land ownership and use are beneficial primarily to persons interested in exploitation or litigation.They provide little protection to the owner who lacks continuous economic and legal counsel and who is unable personally to influence political decisions.Moreover, the laws are even less helpful to communities and the general public in maintaining or restoring the quality of the environment.The persistence of archaic concepts of ownership rights is possibly the principal obstacle to effective land use planning.A redefinition of the rights flowing to an individual from his ownership in land is thus

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