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Historical Precedent for Modern Land Use Laws

September 15, 2008

European beliefs towards land ownership were overwhelmingly responsible for the parceling and division of America during the colonial period. Our founding documents, our court system, and our modern attitudes and actions in regards to land use have roots deep in Saxon common law and the writing of English philosopher John Locke. The historical context from which the foundation of our country was built has lasting repercussions on our ability to responsibly manage and maintain the natural environment. Even while old ideas on land ownership and stewardship are being challenged in the modern era, they still form the basic legal framework in which all environmentalists, conservationists, businesses, and individuals must function.

In his article Anglo-American Land Use Attitudes, Eugene Hargrove notes that English and American attitudes towards land ownership were largely derived from the beliefs of German freemen.

“Landholding among German freemen was based on work. A freeman, like the 19^th century American homesteader, took possession of a tract of land by clearing it, building a house and barns, and dividing the land into fields for the grazing of animals and the growing of crops.”

Within this context, it becomes easy to explain the westward expansion of American settlers. The government would largely support the ownership rights of those who were willing to build “improvements” on a natural environment. The early rural American court system was also largely transplanted from Saxon and Norman times when judges were “primarily concerned with keeping the local landowners contented by resolving local differences” (167). This primary concern has largely persisted to this day, leaving supporters of smart growth and conservation with little recourse against entrenched land owners.

The theories of John Locke and the political influence of Thomas Jefferson, for whom Locke was a great inspiration, have become largely incompatible with the realities of modern life. Locke contended that property ownership was exclusive from, and even more fundamental than, society itself; however, contemporary environmental events have taught us that proper stewardship of the land is inextricably linked to the fundamental well-being of society. Human beings and our actions are far more interconnected with one another than Jefferson or Locke ever could have imagined, and a commitment to accountability has become essential.

An interesting disconnect between the beliefs of John Locke and Thomas Jefferson is the fact that modern laws place far more restrictions on land use than either man would have wished. Through zoning boards and development permit requirements municipalities have been able to restrict the actions of land owners to some degree. Jefferson’s vision of a country where land would be held “in full and absolute dominion” failed to come to fruition, however, his assertion that man’s “occupancy will give him title” was largely realized (169). Modern land use planning laws may have come too late, as ecologically sensitive land is primarily in the hands of private owners who are bolstered by the continued commitment of the legal system to protect their extensive rights.

Filed under: Perspectives on the Environment