Property Diversity and its Implications

Page, John

doi:10.4324/9781315639307

Cited by 7 publications

(3 citation statements)

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“…In other words, it may also imbue many other contextual [32] (non-libertarian) interpretations of property that stem from a "social property" approach. These interpretations advocate a range of ideas such as an intergenerational view of property, sustainable development, stewardship, and distributive justice [33] (pp. 204-206).…”

Section: Limitations and Opportunities Of Progressive Property Schola...mentioning

confidence: 99%

From Progressive Property to Progressive Cities: Can Socially Sustainable Interpretations of Property Contribute toward Just and Inclusive City-Planning? Global Lessons

Mualam

Sotto

2020

Sustainability

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This paper explores if and how the idea of progressive property can help to shape more inclusive, sustainable, and just cities around the globe. While quite nuanced, at its heart the progressive perspective on property considers property as a means of addressing important human needs. It is consistent with reciprocal and communitarian approaches to property rights. Nowhere are these insights more relevant or needed than in cities—dense urban areas where legacies of exclusion have deprived disadvantaged groups of housing and public services. In cities and neighboring suburbs, the right to exclude collides head-on with the need to share limited space with those of little means. By re-examining the work of progressive property scholars, we suggest concrete ways of reconceptualizing access to the city. This paper ties legal theory to housing and city-planning by proposing an international perspective to progressive property scholarship, with a focus on local government policies pertaining to housing. We do so by comparatively examining case studies from the United States (US), Spain, Brazil, and Israel—four countries that are actively experimenting with progressive definitions of property in a manner which affects urban planning and housing in cities.

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Section: Limitations and Opportunities Of Progressive Property Schola...mentioning

confidence: 99%

From Progressive Property to Progressive Cities: Can Socially Sustainable Interpretations of Property Contribute toward Just and Inclusive City-Planning? Global Lessons

Mualam

Sotto

2020

Sustainability

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“…Scholars of new materialism recognise non‐human agency. This recognition is evident in geographical scholarship about place (Bartel, 2018; Creswell, 2015), and place attachment (see Manzo & Devine‐Wright, 2014), studies of formal regulation and legal institutions, and contemporary legal theories of new legal materialism (Davies, 2017; Van Wagner, 2013), and property diversity (Page, 2017). It demands foregrounding of the role of place in regulating agricultural activity—and on the interactions between agriculture, the institution of private property, environmental regulations, and the law generated by place itself—place law (Bartel, 2018).…”

Section: Introductionmentioning

confidence: 99%

Place in legal geography: Agency and application in agriculture research

Bartel

Graham

2022

Geographical Research

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Systemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision‐making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.

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“…To consider privatisation in the context of land, it is useful to understand the changes as “denationalisation”, an alternative word for privatisation but one apparently considered too negative to be electorally popular in the 1980s UK (Institute for Government the Privatisation of British Telecom, 1984). Denationalisation captures the effects of selling state property, rather than public property, a difficult term, which includes public access, open commons and public goods (Page, 2018). State property is, according to C.B.…”

Section: Introductionmentioning

confidence: 99%

Privatising land in England

Layard

2019

JPPEL

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Of all the recent privatisations in England, the most valuable, and yet least recorded, is of land. According to one estimate, two million hectares, or ten percent of the Britain landmass, left the public sector for private ownership between 1979 and 2018. 1 Many of these sales have been piecemeal. The housing Right to Buy programme consists of nearly two million individual sales, raising an estimated £40 billion by 2018. 2 The One Public Estate programme, now in its fifth iteration, facilitates sales of surplus local authority assets, aiming to raise £615 million in capital receipts by 2019-20. 3 Central government sales are escalating from the five "main land owning departments" 4 , including releasing land for 235,000 (almost all privately developed) new homes. The Ministry of Defence, the government's largest landowner, is executing the Better Defence Estate Strategy to reduce the built estate by 30% by 2040. 5 NHS Property Services Ltd Land aim to release a further £2 billion's worth of property. 6 Network Rail, a public sector company, recently sold the spaces beneath the railway arches for £1.46 billion to Telereal Trillium and Blackstone Property Partners, who have created the Arch Company, the single largest small business landlord in England and Wales. 7 Central government sales of over 1000 properties have already added £2 billion to government coffers and saved £300 million per annum in running costs, including significant reductions in the numbers of civil servants. 8 The metaphorically 'small state' is also a physically small state.

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Property Diversity and its Implications

Cited by 7 publications

References 0 publications

From Progressive Property to Progressive Cities: Can Socially Sustainable Interpretations of Property Contribute toward Just and Inclusive City-Planning? Global Lessons

From Progressive Property to Progressive Cities: Can Socially Sustainable Interpretations of Property Contribute toward Just and Inclusive City-Planning? Global Lessons

Place in legal geography: Agency and application in agriculture research

Privatising land in England

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