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28 Griffith L. Rev. 1 (2019)

handle is hein.journals/griffith28 and id is 1 raw text is: 



GRIFFITH LAW REVIEW                                                     Routledce
2019, VOL. 28, NO. 1, 1-22
https://doi.org/10.1080/10383441.2019.1575327                           Taylor & Francis Group




Property, values, and the empirics of place

John  Page

School of Law and Justice, Southern Cross University, Lismore, Australia


   ABSTRACT                                                        KEYWORDS
   Diverse property patterns yield unique 'maps' of community and  Legal geography; property
   place. This paper explores the grounded implications such maps  theory; public property;
   reveal; to canvass the ways in which bespoke private, public and common property; private
   common   land patterns inform the values and sense of place of  property; place; community
   material communities. To measure property values to geographic
   space is an amorphous  and difficult task, akin to catching the
   early morning mist in your hands. Drawing on cartographic tools
   as well as emerging property theory, this paper proffers several
   benchmarks by which property's diverse values may be measured
   in situ. It then applies these potential indicators to 'worlded' place;
   three communities in regional New South Wales, Australia. These
   case studies illustrate how property lines and commensurate
   property values  may  (or  may  not)  correspond, and  their
   implications for a community's sense of self. They also suggest
   that property's many narratives, both dominant and subordinate,
   are capable of empirical (albeit imaginative) mapping to place.




1. Introduction

Communities   comprise  unique  patterns of property types; distinctive landscapes of pri-
vate, public and common   property that singly and collectively constitute the physical lay-
out, the architectural framework of community.   Each  unique patchwork   means, tritely,
that no one  community   is identically the same. Each difference, as logic dictates, yields
cities, towns, villages and suburbs bespoke in their propertied design.
   This paper explores the implications of these diverse property designs, and the type of
community   such variegated patterns may  engender.  Its objective is to start to locate the
link between the two, to measure how property, in all of its diverse forms - public, private,
common - may inform a community's deeply amorphous character, its intangible, yet
routinely recognised sense of place. Some communities  are well known for their livability,
where  principles of sustainability and a strong identity are defining hallmarks. Many
others, especially on metropolitan or ex-urban fringes, fall into James Howard Kunstler's
'geography  of nowhere',' the go-anywhere  private 'lawscapes'2 dominated  by  suburban
sprawl, ubiquitous shopping  malls, and a dearth of public infrastructure.
   Such a spectral diversity invites an analysis of property's implications for community,
to identify those factors that create, crucible-like, this infinite array of place. Rules of

CONTACT  John Page john.page@scu.edu.au
'Kuntsler (1993).
2Graham (2010).
© 2019 Griffith University

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