scholarly journals Putting Property in its Place: Relational Theory, Environmental Rights and Land Use Planning

2014 ◽  
Vol 43 ◽  
pp. 275-315 ◽  
Author(s):  
Estair Van Wagner

This paper examines the complex web of legal, social and ecological relationships engaged by contemporary land use disputes. In particular, it considers the role of non-owners in decision-making processes about the use of private land. Combining critical perspectives on property theory with relational approaches to rights, it examines recent conflicts around the siting of aggregate quarries in Southwestern Ontario. Three decisions of the Ontario Municipal Board and the Joint Board are analyzed to demonstrate how aggregate disputes present opportunities for the strategic advancement of non-ownership interests in land. Jennifer Nedelsky’s four-step relational approach to dispute resolution and Nicole Graham’s theory of reciprocal person-place relations are applied to the cases to show how a shift away from the ownership model of property can lead to better social and ecological outcomes in land use planning.

2021 ◽  
pp. 1-9
Author(s):  
Adena R Rissman ◽  
Molly C Daniels ◽  
Peter Tait ◽  
Xiaojing Xing ◽  
Ann L Brower

Summary Neoliberal land reforms to increase economic development have important implications for biodiversity conservation. This paper investigates land reform in New Zealand’s South Island that divides leased state-owned stations (ranches) with private grazing leases into state-owned conservation land, private land owned by the former leaseholder and private land under protective covenant (similar to conservation easement). Conserved lands had less threatened vegetation, lower productivity, less proximity to towns and steeper slopes than privatized lands. Covenants on private land were more common in intermediate zones with moderate land-use productivity and slope. Lands identified with ecological or recreational ‘significant inherent values’ were more likely to shift into conserved or covenant status. Yet among lands with identified ecological values, higher-threat areas were more likely to be privatized than lower-threat areas. This paper makes two novel contributions: (1) quantitatively examining the role of scientific recommendations about significant inherent values in land reform outcomes; and (2) examining the use of conservation covenants on privatized land. To achieve biodiversity goals, it is critical to avoid or prevent the removal of land-use restrictions beyond protected areas.


2005 ◽  
Vol 27 (2) ◽  
pp. 355-370
Author(s):  
Jane Matthews Glenn

This paper examines the tension between centralizing and decentralizing forces in systems of land use planning. Its thesis, drawn from the LaHaye Report, is that the degree of centralization of the system is directly proportional to the breadth of jurisdiction of the planning authority. While Quebec's system of land use planning is reputed to be decentralized and political, the author questions whether this assessment is correct. The role of the government under the Land Use Planning and Development Act and other specialized legislation is more in accordance with the centralized and technocratic systems advocated in earlier Quebec proposals for land use planning. This conclusion is reinforced by a consideration of the suggestions put forward in Le Choix des régions and their present-day application.


1993 ◽  
Vol 11 (2) ◽  
pp. 213-231 ◽  
Author(s):  
R F Imrie ◽  
P E Wells

In the last decade access for disabled people to public buildings has become an important part of the political agenda. Yet, one of the main forms of discrimination which still persists against disabled people is an inaccessible built environment. In particular, statutory authorities have been slow to acknowledge the mobility and access needs of disabled people, and the legislative base to back up local authority policies remains largely ineffectual and weak. In this paper, the interrelationships between disability and the built environment are considered by focusing on the role of the UK land-use planning system in securing access provision for disabled people.


2018 ◽  
Author(s):  
Luís Carlos Loures ◽  
Rui Alexandre Castanho ◽  
José Manuel Naranjo Gómez ◽  
Ana Vulevic ◽  
José Cabezas ◽  
...  

2001 ◽  
Vol 44 (7) ◽  
pp. 203-208 ◽  
Author(s):  
K. Yamada ◽  
T. Funaki ◽  
S. Honda ◽  
M. Sugihara

This study aims to clarify the mass balance of pollutants during both dry periods and storm events and to discuss the effects of some strategies such as pollutant removal, land use planning and new drainage systems by simulation. Three subjects are discussed in this paper. First, the amount of pollutants entering Lake Biwa from an urban area have been roughly estimated by using data collected by the local government. Second, many additional samples were collected from road surfaces, house roofs and parking lots to consider the role of land use in pollutant runoff. Third, some ongoing BMP projects in an urban area are introduced. As a result, some ideas on how to solve the problem of diffuse pollution in urban areas have been obtained.


2020 ◽  
Vol 7 (1) ◽  
pp. 87-96
Author(s):  
Katharina Gugerell ◽  
Andreas Endl ◽  
Sara Louise Gottenhuber ◽  
Gloria Ammerer ◽  
Gerald Berger ◽  
...  

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