Economic Development and Environmental Control: Balancing Business and Community in an Age of Nimbys and Lulus

By John O'Looney | Go to book overview

CHAPTER 4
Land-Use Control and the Idea of
Common Pool Resources

Historically, land-use controls have arisen from various mixtures of ideological views of property rights in the context of historically specific problems, emerging sensitivities, and the dominant political forces and structures. Hence, in the beginning of the Industrial Revolution, a number of factors--the need for greater economic productivity to supply larger populations, the known benefits of enclosure, the lack of awareness about many pollutants, the expansion of political power to emerging capitalists, the rise of liberal ideologies and laissez-faire markets, and the judicial ability to revise traditional property rights that had favored exclusionary (or nuisance avoidance) property rights--combined to affect a change in land-use controls that favored development and the interests of industrialists over more residential or agriculturally based owners of property. Where previous chapters of this book have explored historical and ideological elements of land-use control, this chapter examines generic criteria for effective land-use control that might have prominence within any historical or ideological context. More precisely, this chapter explores some of the academic thinking in different disciplines about land-use governance. The chapter begins with a discussion of four key criteria for assessing specific land uses. It proceeds with an exploration of a particular area of policy studies--the governance of common pool resources--that is relevant to understanding the governance of a number of LULU issues, and concludes with a suggestion that if one understands human dignity and public happiness as valid types of common pool resources, certain implications for land-use governance follow.

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Economic Development and Environmental Control: Balancing Business and Community in an Age of Nimbys and Lulus
Table of contents

Table of contents

  • Title Page i
  • Contents iii
  • Introduction 1
  • Notes 9
  • Chapter 1 the Evolution of Lulu Problems 11
  • Notes 67
  • Chapter 2 Property Law, Ideology, and the Dilemma of Habitation 81
  • Notes 116
  • Chapter 3 - Land-Use Politics 123
  • Notes 164
  • Chapter 4 Land-Use Control and the Idea of Common Pool Resources 173
  • Notes 187
  • Chapter 5 Policy Tools and Approaches to Land-Use Conflict 189
  • Notes 240
  • Chapter 6 Generating Policy Innovations in Land-Use Control: Some History and Ideas 251
  • Notes 269
  • Chapter 7 Policy Options 273
  • Notes 299
  • Chapter 8 Features, Qualifications, and Objections to the Proposed Framework Policy 303
  • Notes 339
  • Index 345
  • About the Author 356
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