27 J.L. & Soc. Pol'y 1 (2017)

handle is hein.journals/jlsp27 and id is 1 raw text is: 
Flynn and Leffers: The Properties of Planning: An Evolving Landscape


The   Properties of Planning: An Evolving Landscape


ALEXANDRA FLYNN & DONALD LEFFERS
Guest Editors


The theme  of this special volume is Challenging Traditional Notions of Property in Land Use
Planning. Property in the common  law tradition is conceived as a right to something, whether
physical or not, that is disconnected from the object or idea itself. Property interests are almost
always  hierarchical and exclusionary.  An  emerging  body  of  property law  scholarship is
challenging the basic tenets of the discipline. For example, Nicole Graham argues that property
law must be rooted in a time and place, and Sarah Keenan suggests that property law is a form of
spatial and temporal  order that can  function as  a tool of governance. 1 Representing  the
progressive school,, Gregory Alexander disputes that the right to exclude is or should be the
core of private ownership, preferring instead a governance model of property that sees rights
as  fragmented,  multiple, and  regulated  through  a  framework   of  governance   norms.
Interdisciplinary legal geographies projects similarly challenge the hierarchical and exclusionary
notions of property law and instead embrace a plurality of legal orders and a messy collection of
interests.3
       One  key application of this scholarship, both empirically and theoretically, concerns land
use planning. Land use planning conflicts about how privately-owned land can be used reveal the
complexity of contemporary property relations. There is tremendous conflict over urban land use
for certain types of land in specific locations. A critical challenge is confronting complex
property rights that exist in built environments, triggering responses from multiple actors, such
as local and provincial governments, First Nations, developers, neighbourhood associations and
the public. At the same  time, legal systems acknowledge   that persons are entitled to equal
treatment within  the applicable administrative and political bodies that shape and  resolve
planning disputes. To  effectively resolve conflicts related to spatial development, a deeper
understanding of the complex interactions between land use planning, legislative decisions, and
resulting property rights is required.

I. SETTING THE STAGE: THE WORKSHOP

The volume  is based on a two-day interdisciplinary workshop held in June 2016, aimed at young
scholars and senior doctoral students, querying how the planning process can be re-imagined in
light of emerging property, environmental, and  administrative law scholarship, together with
important work taking place in geography, urban studies and other social science disciples. The

1 Nicole Graham, Lawscape: Property, Environment, Law (New York: Routledge, 2011); Sarah Keenan Property
as Governance: Time, Space and Belonging in Australia's Northern Territory Intervention (2013) 76:3 Mod L Rev
464.
2 Gregory Alexander, Governance Property (2012) 160:7 University of Pennsylvania Law Review 1853.
Irus Braverman, Nicholas Blomley, David Delaney & Alexandre Kedar, eds, The Expanding Spaces of Law: A
Timely Legal Geography (Stanford: Stanford University Press, 2014); Mariana Valverde, Chronotopes of Law:
Jurisdiction, Scale and Governance (New York: Routledge, 2015).


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