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Social conflict over property rights: the end, a new beginning, or a continuing debate?

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  • Harvey M. Jacobs

Abstract

The ownership and control of private land is a core social value in the United States. Public planning can be seen as conflicting with this value. The long-standing tension between private property rights and public planning was heightened in the 1990s with the emergence of the so-called private property rights movement. This movement seeks to limit governmental authority over privately owned land through a multi-level strategy of legal, policy, political, and public relations actions. This paper explores the historical basis for this conflict, the legal framework within which it functions, and contemporary policy battles. The paper concludes that there may be no final outcome to this debate. Property rights activists are impassioned and believe their view of history and law is correct. I argue that it may be best to see debate about land use and property rights as one of the central vehicles for a continual reframing of core values in the American experience.

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  • Harvey M. Jacobs, 2010. "Social conflict over property rights: the end, a new beginning, or a continuing debate?," Housing Policy Debate, Taylor & Francis Journals, vol. 20(3), pages 329-349, June.
    • Handle: RePEc:taf:houspd:v:20:y:2010:i:3:p:329-349
    DOI: 10.1080/10511481003788760
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    Cited by:

    1. Linkous, Evangeline & Skuzinski, Thomas, 2018. "Land use decision-making in the wake of state property rights legislation: Examining the institutional response to Florida’s Harris Act," Land Use Policy, Elsevier, vol. 77(C), pages 603-612.
    2. Karen Trapenberg Frick & David Weinzimmer & Paul Waddell, 2015. "The politics of sustainable development opposition: State legislative efforts to stop the United Nation’s Agenda 21 in the United States," Urban Studies, Urban Studies Journal Limited, vol. 52(2), pages 209-232, February.

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