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