Many property lines drawn in early America still survive today and continue to shape the landscape and character of the United States. Surprisingly, though, no one until now has thoroughly examined the process by which land was divided into private property and distributed to settlers from the beginning of colonization to early nationhood. In this unprecedented study, Edward T. Price covers most areas of the United States in which the initial division of land was controlled by colonial governments—the original thirteen colonies, and Maine, Vermont, Kentucky, West Virginia, Tennessee, Louisiana, and Texas. By examining different land policies and the irregular pattern of property that resulted from them, Price chronicles the many ways colonies managed land to promote settlement, develop agriculture, defend frontiers, and attract investment. His analysis reveals as much about land planning techiniques carried to America from Europe as innovations spurred by the unique circumstances of the new world. Price’s analysis draws on his thorough survey of property records from the first land plans in Virginia in 1607 to empresario grants in Texas in the 1820s. This breadth of data allows him to identify regional differences in allocating land, assess the impact of land planning by historical figures like William Penn of Pennsylvania and Lord Baltimore of Maryland, and trace changes in patterns of land division and ownership through transfers of power among Britain, the Netherlands, France, Spain, Mexico, and the Republic of Texas.
Trespassing, "a thoughtful, beautifully written addition to environmental and regional literature" (Kirkus Reviews), is a historical survey of the evolution of private ownership of land, concentrating on the various land uses of a 500-acre tract of land over a 350-year period. What began as wild land controlled periodically by various Native American tribes became British crown land after 1654, then private property under US law, and finally common land again in the late twentieth century. Mitchell considers every aspect of the important issue of land ownership and explores how our attitudes toward land have changed over the centuries.
How it is that the United States—the country that cherishes the ideal of private property more than any other in the world—has chosen to set aside nearly one-third of its land area as public lands? Now in a fully revised and updated edition covering the first years of the Trump administration, Randall Wilson considers this intriguing question, tracing the often-forgotten ideas of nature that have shaped the evolution of America’s public land system. The result is a fresh and probing account of the most pressing policy and management challenges facing national parks, forests, rangelands, and wildlife refuges today. The author explores the dramatic story of the origins of the public domain, including the century-long effort to sell off land and the subsequent emergence of a national conservation ideal. Arguing that we cannot fully understand one type of public land without understanding its relation to the rest of the system, he provides in-depth accounts of the different types of public lands. With chapters on national parks, national forests, wildlife refuges, Bureau of Land Management lands, and wilderness areas, Wilson examines key turning points and major policy debates for each land type, including recent Trump Administration efforts to roll back environmental protections. He considers debates ranging from national monument designations and bison management to gas and oil drilling, wildfire policy, the bark beetle epidemic, and the future of roadless and wilderness conservation areas. His comprehensive overview offers a chance to rethink our relationship with America’s public lands, including what it says about the way we relate to, and value, nature in the United States.
Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America. Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.
The federal government owns roughly 640 million acres, about 28% of the 2.27 billion acres of land in the United States. Four agencies administer 608.9 million acres of this land: the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service (FS) in the Department of Agriculture. Most of these lands are in the West and Alaska. In addition, the Department of Defense administers 14.4 million acres in the United States consisting of military bases, training ranges, and more. Numerous other agencies administer the remaining federal acreage. The lands administered by the four land agencies are managed for many purposes, primarily related to preservation, recreation, and development of natural resources. Yet each of these agencies has distinct responsibilities. The BLM manages 247.3 million acres of public land and administers about 700 million acres of federal subsurface mineral estate throughout the nation. The BLM has a multiple-use, sustained-yield mandate that supports a variety of uses and programs, including energy development, recreation, grazing, wild horses and burros, and conservation. The FS manages 192.9 million acres also for multiple uses and sustained yields of various products and services, including timber harvesting, recreation, grazing, watershed protection, and fish and wildlife habitats. Most of the FS lands are designated national forests. Wildfire protection is increasingly important for both agencies. The FWS manages 89.1 million acres of the total, primarily to conserve and protect animals and plants. The National Wildlife Refuge System includes wildlife refuges, waterfowl production areas, and wildlife coordination units. The NPS manages 79.6 million acres in 401 diverse units to conserve lands and resources and make them available for public use. Activities that harvest or remove resources generally are prohibited. Federal land ownership is concentrated in the West. Specifically, 61.2% of Alaska is federally owned, as is 46.9% of the 11 coterminous western states. By contrast, the federal government owns 4.0% of lands in the other states. This western concentration has contributed to a higher degree of controversy over land ownership and use in that part of the country. Throughout America's history, federal land laws have reflected two visions: keeping some lands in federal ownership while disposing of others. From the earliest days, there has been conflict between these two visions. During the 19th century, many laws encouraged settlement of the West through federal land disposal. Mostly in the 20th century, emphasis shifted to retention of federal lands. Congress has provided varying land acquisition and disposal authorities to the agencies, ranging from restricted to broad. As a result of acquisitions and disposals, federal land ownership by the five agencies has declined by 23.5 million acres since 1990, from 646.9 million acres to 623.3 million acres. Much of the decline is attributable to BLM land disposals in Alaska and also reductions in DOD land. Numerous issues affecting federal land management are before Congress. They include the extent of federal ownership, and whether to decrease, maintain, or increase the amount of federal holdings; the condition of currently owned federal infrastructure and lands, and the priority of their maintenance versus new acquisitions; the optimal balance between land use and protection, and whether federal lands should be managed primarily to benefit the nation as a whole or instead to benefit the localities and states; and border control on federal lands along the southwest border.
This publication describes the use of legal tools and incentives mechanisms for the conservation of private lands in Latin America, and assesses their implementation record. It reviews both mandatory provisions and the use of voluntary instruments such as easements and private reserve designations that have grown in use since the early 1990s. It ends with recommendations for an improved framework for private lands conservation, and presents model laws for the creation of private reserves and conservation easements.
In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in
