Industrialization & powers of ownership

  1. Explain the shift in the right to use property from being an absolute right to one that is contextualized vis-à-vis the rights of others (pp. 66-77).  How is this new contextualized view similar/different to what zoning seeks to achieve?
  2. Trace the how the change in the common law of nuisance and rise of public sector land regulation facilitated a split in public and private spheres of authority and control (pp. 78-90).   
  3. In Just v. Marinette County, the Wisconsin Supreme Court ruled that the county’s wetlands regulation that effectively prohibited any development of the Justs’ property was not a compensable taking of their property rights (see pp. 94-97).  Explain how the court came this conclusion. 
  4. Describe the four theories/justifications for private property ownership (pp. 108-120).  What are the strengths and limitations of each?

(The name of the book is The Land We Share: Private Property and the Common Good by Eric Freyfogle)