Three Tales of Property, or One?

Abstract

This article examines three tales of property which emerged from a recent planning law saga in Queensland from late 2014 to June 2015. Although each tale appears to offer a different interpretation of private property, this article suggests that the three tales are really one, but told with differing emphases on the issue of regulation. It reimagines the concept of private property and its relationship to regulation and explores the state’s role in using planning law as a tool to constrain the power of property to affect the lives of others.

Note: This is an Author’s Original Manuscript of an article published by Taylor & Francis Group in Griffith Law Review on 6th February 2017 available online: DOI/10.1080/10383441.2016.1283728

Keywords: Law; property law; property theory; legal theory; climate change

JEL Classification: K1; K32