A PRIVATE PROPERTY DUTY OF STEWARDSHIP: CHANGING OUR LAND ETHIC

Many alternatives have been suggested for altering our land development process so that destruction of the planet's natural resources is minimized. Some propose wholesale land preservation, others tender expansion of the public trust doctrine to more lands and broader purposes. The author contends that these approaches will not achieve sustainable development. He recommends that private ownership of land must include, legally and ethically, a duty to be a steward of that land. Much as a landowner currently must refrain from using land in a manner that creates a nuisance, in the future a landowner must avoid using land in a fashion that significantly interferes with its natural resource value. As in nuisance law the parameters of the duty of stewardship will be honed legislatively, judicially and ethically over time. Stewardship can be imposed on private property ownership while preserving the important characteristics of private ownership, such as shared expectations, stability, fairness and liberty.