Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights

Property theory is undergoing a revolution. For decades, theorists have envisioned rights as bilateral, focusing on intersections between directly adjacent landowners, or landowners and government actors. This over-simplified, two-dimensional model of property rights has resulted in laws that facili...

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Main Authors: Challie Facemire, Karen Bradshaw
Format: Article
Language:English
Published: Utrecht University Library Open Access Journals (Publishing Services) 2020-10-01
Series:International Journal of the Commons
Subjects:
Online Access:https://www.thecommonsjournal.org/articles/985
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author Challie Facemire
Karen Bradshaw
author_facet Challie Facemire
Karen Bradshaw
author_sort Challie Facemire
collection DOAJ
description Property theory is undergoing a revolution. For decades, theorists have envisioned rights as bilateral, focusing on intersections between directly adjacent landowners, or landowners and government actors. This over-simplified, two-dimensional model of property rights has resulted in laws that facilitate epic socio-ecological imbalances. In this paper, we apply the emergent theory of mismatched property rights to the problem of biodiversity loss. We observe that wildlife habitat for a single species can consist of tens of thousands of acres. Land parceling systems artificially divide wildlife habitat, fragmenting ownership of landscape-level resources. Managing large-scale habitats requires coordinating the interests of many property owners, often with divergent views on habitat management. Public lands’ landscape scale avoids this feature, but, nevertheless, still have competing resource users seeking to maximize allocation of natural resources rights. Wildlife habitat provides a particularly challenging variation on the theme of mismatched property rights. In this context, a primary stakeholder—wildlife—does not own property. We suggest that stakeholder collaborations are one understudied tool that functionally reincorporates wildlife resource uses into the existing property regime. Collaborations serve to re-scale resources so that they can be efficiently managed at their natural scale. Stakeholder collaborations cross administrative and property boundaries to create landscape-level management plans, which accommodates overlapping rights within differing boundaries. In this way, stakeholder collaborations appear to be playing a crucial, under-appreciated role in stemming biodiversity loss.
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spelling doaj.art-e6a1123f713c478f8158c3a932d1a93b2022-12-21T18:39:20ZengUtrecht University Library Open Access Journals (Publishing Services)International Journal of the Commons1875-02812020-10-0114165066110.5334/ijc.985484Biodiversity Loss, Viewed Through the Lens of Mismatched Property RightsChallie Facemire0Karen Bradshaw1Arizona State UniversityArizona State UniversityProperty theory is undergoing a revolution. For decades, theorists have envisioned rights as bilateral, focusing on intersections between directly adjacent landowners, or landowners and government actors. This over-simplified, two-dimensional model of property rights has resulted in laws that facilitate epic socio-ecological imbalances. In this paper, we apply the emergent theory of mismatched property rights to the problem of biodiversity loss. We observe that wildlife habitat for a single species can consist of tens of thousands of acres. Land parceling systems artificially divide wildlife habitat, fragmenting ownership of landscape-level resources. Managing large-scale habitats requires coordinating the interests of many property owners, often with divergent views on habitat management. Public lands’ landscape scale avoids this feature, but, nevertheless, still have competing resource users seeking to maximize allocation of natural resources rights. Wildlife habitat provides a particularly challenging variation on the theme of mismatched property rights. In this context, a primary stakeholder—wildlife—does not own property. We suggest that stakeholder collaborations are one understudied tool that functionally reincorporates wildlife resource uses into the existing property regime. Collaborations serve to re-scale resources so that they can be efficiently managed at their natural scale. Stakeholder collaborations cross administrative and property boundaries to create landscape-level management plans, which accommodates overlapping rights within differing boundaries. In this way, stakeholder collaborations appear to be playing a crucial, under-appreciated role in stemming biodiversity loss.https://www.thecommonsjournal.org/articles/985property rightswildlifebiodiversitystakeholderscollaboration
spellingShingle Challie Facemire
Karen Bradshaw
Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights
International Journal of the Commons
property rights
wildlife
biodiversity
stakeholders
collaboration
title Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights
title_full Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights
title_fullStr Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights
title_full_unstemmed Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights
title_short Biodiversity Loss, Viewed Through the Lens of Mismatched Property Rights
title_sort biodiversity loss viewed through the lens of mismatched property rights
topic property rights
wildlife
biodiversity
stakeholders
collaboration
url https://www.thecommonsjournal.org/articles/985
work_keys_str_mv AT challiefacemire biodiversitylossviewedthroughthelensofmismatchedpropertyrights
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