Looks at the difficulty of interpreting historical use and rights of private and public property for modern problems of the public good.
Written in 2009; 795 words; 2 sources; MLA; $ 28.95
Paper Summary:
This paper explains that, although interpretations of the American history of land use vary, freehold land use remains the core of what it means to be American. Private land ownership, which was an object of scarcity in the colonial past, became an icon of Americanism, the author relates. However, the paper continues, today, private property rights are in conflict with issues of conservation for the sake of healthy land use for the public good.
Table of Contents:
Our Interpretation of American History
The Philosophy of Land
Two Points: Individual Property Rights versus Public Benefits
From the Paper:
"Freyfogle illustrates modern landowner rights through two cases, Grant's Farm Associates and Garner. In the Grant's Farm Associates case, the court made the ruling that not all residence zones are well suited for high-density development, especially if the land fell within a 100-foot shoreline setback area, and would harm the towns' water quality. The Garner case was another environmental conservation ruling stating the land was indeed environmentally sensitive and could not withstand piecemeal development."
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