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Land developers play an active role as institutional actors that shape the development and governance of urban regions. In this paper, we find that developers not only influence state institutions governing land use, they are place-based actors whose influence is normalized as invited strategic stakeholders in planning exercises. Our analysis highlights the complementarity of institutional and postpolitical theories in offering a nuanced understanding of the multi-faceted and multi-scalar relationships among powerful actors engaged in land development processes. Postpolitical theories highlight the participatory processes of inclusion and exclusion in collaborative-based planning exercises that privilege certain stakeholders and exclude others. Through the lens of institutionalist theory, we move beyond specific land conflicts to focus on the day-to-day interactions and institutionalized roles of key actors, ideas and political influences in shaping contested land policy and outcomes. The analysis is based on multi-year research projects that drew upon interviews, observation and document analysis of key actors’ engagement in initiatives to formulate and implement growth management policies in the Toronto region.

This paper investigates the role of real estate developers in shaping land use legislation, land use planning and property law. The conceptual framework draws on third-phase institutionalism and socio-legal theory to examine actors and ideas that influence knowledge and practices of land use, planning and property. This paper confronts absences in planning theory that overlook the role of real estate developers in disputes over land, especially their role in shaping the legislative framework governing land use. The argument is that property law is not simply an objective system of rules interpreted by lawyers, judges and the courts. Neither is it a singular concept protecting private property rights. Rather, it is a complex concept and institution that emerges in practice through political processes, such as social movements, the exercise of power and influence by elite actors, and strategic acts by political actors navigating diverse and competing agendas. The empirical evidence informing this argument derives from case study research of land conflicts on the Oak Ridges Moraine in the Toronto region, Canada, with particular attention given to the relationship between real estate developers, social movement actors, and politicians involved in resolving the conflict.

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