About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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). Published by Osgoode Digital Commons, 201'

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most