Excerpt
UNDERSTANDING the growing debate between private property and the ability of government to protect the health, safety, and welfare of society is essential in shaping the next generation of environmental policies for agriculture. When asked if I would be uncomfortable advocating the pro-regulatory view as a counter-point to others who will take the popular “property rights” approach, my response was I have no trouble presenting what I believe is a historically accurate view of both American law and political reality for natural resource policy. I find no conflict doing so as a farm owner because I have no misconception my ownership empowers me to use my land any way I choose, free from concerns of my neighbors or insulated from the society in which I live.
I don't view the discussion as being are you for private property or for more powerful government. We all enjoy the freedom and economic potential offered by private property, just as we all benefit by a strong government. The issue is what balance does the Constitution require between indh-idual property rights and society's power to …
Footnotes
Agricultural Law Center, Drake University
- Copyright 1993 by the Soil and Water Conservation Society
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