THIS LAND IS WHOSE LAND? CHANGING CONCEPTS OF LAND AS PROPERTY

Abstract

THE CONCEPT OF PROPERTY RIGHTS IN LAND, UNLIKE THE NOTION OF PROPERTY RIGHTS IN STATUS, IS CONTRACTING RATHER THAN EXPANDING. THE ARTICLE EXAMINES THE DILEMMA THAT TRADITIONAL PROPERTY CONCEPTS POSE TO GOVERNMENTS ATTEMPTING TO REGULATE LAND USE. THE TRADITIONAL LEGAL DOCTRINES RESTRICTING SCOPE OF GOVERNMENTAL REGULATION OF THE LAND USE ARE OUTLINED AND THE APPLICATION OF THESE DOCTRINES TO GOVERNMENTAL PROTECTION OF THE ENVIRONMENT BRIEFLY SURVEYED. RECENT TRENDS IN THE LAW ARE EXAMINED. A REDEFINITION OF THE CONCEPTS OF PROPERTY RIGHTS IN LAND WILL BOLSTER GOVERNMENT'S POWER TO DEAL WITH THE ENVIRONMENTAL CRISIS IN LAND USE.