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Wednesday, October 20, 2010

book review : On Private Property: Finding Common Ground on the Ownership of Land

Written by published author and Professor of Law Eric T. Freyfogle, On Private Property: Finding Common Ground in the Ownership of Land is a thoughtful look at the recurring dilemma of the private property debate. When is eminent domain justified, and when is urban sprawl too much? When should land be put in public trust to preserve natural life, and when should private property owners' rights prevail? Though Freyfogle acknowledges the concerns of the property-rights movement, he warns that the movement is at risk of distorting the institution of private ownership itself, by completely severing its connections to responsible community welfare. Criticizing the land conservation movement for its excessive and indiscriminate payments to landowners, allegedly to use their lands well, and stressing that the landowner's responsibility not to alter lands in ways that bring ecological decline should not be overlooked, Freyfogle suggests a Landowner Bill of Rights that is vastly different from current property-rights measures being debated. Packed cover to cover with well-reasoned arguments that take both public and private needs into account, On Private Party is a welcome contribution to an ongoing dispute. 

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