Polyrational Property: Rules for Many Uses of Land

Abstract

"Land uses are what land users do. When spatial planners and other policymakers promote or preclude certain land uses, they interfere with the rights of the users of land, most notably with property. The technical term for what connects land uses, planning, and property is land policy. My paper has a simple message: Good land policy provides a diversity of land uses with plural property relations. No single kind of property rules fits the purposes of all types of land uses. A detached single family house is not like a community garden, nor a highway like a retail chain. Each land use needs its own property 'fingerprint.' In everyday practice, private and common property relations often accommodate a wide variety of demands made by the owners and users of land. Many theories of property and land policy, however, fail to recognize plural property relations. The simple message of my paper seeks to reconcile practice and theory. A polyrational theory of planning and property identifies eight types of land uses, each type needing its own kind of property rules. The eight types of land uses are: insular, opportunistic, kinship, collaborative, corporate, structural, container, and environmental uses of land. Polyrational land policy makes sure that desirable land uses are enveloped by appropriate property relations."