Lecture 31

Chapter 20

Americans place a high value on property rights. We consider the right to own, buy, sell, and control land to be an indispensable ingredient for personal freedom. At the same time, we have at times found that our neighbors have used their property in ways we find offensive, so we have relinquished some rights and given our government the right to control in large part the way land can be developed and used. Often the allowable use for a piece of land depends on the unique capabilities of that land.

1. Food as a National Priority. Americans want food supplies to be stable, wholesome, and inexpensive. Filling this order poses serious challenges. These challenges can be understood in light of a few important facts:

	farmable acres are declining
	yield growth per acre is no longer increases annually as it once did
	population is increasing
	the world's standard of living is increasing creating a demand for more food, especially meat

The demand for more meat is particularly onerous because many pounds of grain or hay are consumed to produce a pound of meat. One might well ask, where will future food increases come from? Experts generally agree that more food could be derived from the deserts and tropics. However, the deserts are deserts because they lack water. Water to irrigate deserts is becoming more scarce. Farming the tropics is problematic because of low soil fertility, tremendous pest pressure, and unstable politics. Most of our efforts to date have centered on increasing yields from land that is presently farmed. This can include "ordinary" farmland, prime farmland, or unique farmland.

2. Non-agricultural Land Use. Each soil is uniquely suitable for use. In the Soil Survey program of the NRCS, each soil is evaluated for a multitude of possible uses. These uses are listed below:

	crops
	rangeland/timber
	wildlife habitat
	recreational development, including
	camp sites
	picnic areas
	playgrounds
	paths and trails
	golf courses
	building site development, including
	shallow excavations
	dwellings (basements)
	small commercial buildings
	streets
	lawns and landscaping
	sanitary facilities, including
	septic tank fields
	sewage lagoons
	landfill sites
	landfill cover
	construction materials, including
	roadfill
	sand
	gravel
	topsoil
	water management, including
	pond reservoirs
	embankments, dikes, levees
	drainage
	irrigation
	terraces
	grassed waterways

3. Controlling Land Use. The Homestead Act of 1862 provided for the allocation of 160 acres to a settler if he remained on the land for 5 years. Perhaps this was one of our earliest attempts at social engineering, encouraging citizens to change their residence and life style. Similar acts followed. The Zoning Act of 1926 allowed government control of property. The Supreme Court ruled that such urban control was justified under the maxim, "Use your own property in such a manner as not to injure another." Although not the original intent, some states zone rural land too.

In addition to zoning laws, governments use various other tools to control land use. One such tool is differential taxation. This concept is based on the idea that property taxes should be based on current use of the land, not its highest use or market value. This system discourages development and tends to keep land in agriculture. Laws based on this idea are sometimes called "greenbelt" laws. This is the most commonly used technique to preserve farmland.

Another way to control land use is through easements. With an easement one purchases the right to a specific land use, but ownership of land is not transferred.

In 1926 another landmark change was enacted--the Eminent Domain law. This law allowed for forced sales of property against the will of the property owner. The doctrine behind this law is that the general welfare prevails over private good. When this law is exercised, the landowner receives market value for his or her property.

Public purchase and private purchases also allow control of land use. Public purchases can be voluntary or involuntary. Basically, the government purchases land to insure a specific use. Private purchases of land are done by concerned citizens or organizations to protect land or preserve a particular organism or feature. The Nature Conservancy is an example of an organization that purchases land to preserve it.

 

Students are encouraged to look up the following vocabulary words in the textbook glossary or elsewhere and to browse the following web sites.

Vocabulary

	eminent domain
	zoning
	easement

Home page of the Food and Agriculture Organization (FAO) of the United Nations.
URL: www.fao.org

A useful discussion of greenbelt laws in Florida.
URL: hammock.ifas.ufl.edu/txt/fairs/55638

Home page for the Nature Conservancy.
URL: www.tnc.org/magazine/main.html

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