Land Ownership and Property Rights in the Adirondack Park of New York, USA

Abstract

Land ownership in the United States is understood as a bundle of sticks representing rights to sell, lease, bequeath, mine, subdivide, develop, and so forth. The right of exclusion allows owners to prevent others from exercising a right of access. Historically, access and then exclusion contributed to a sense of self-determination and personal freedom in the American landscape. Governing agencies reserve four rights for their use: condemnation, regulation, taxation, and escheat. Using these rights, as well as market purchases, the State of New York has established a Forest Preserve, created an Adirondack Park, and managed private land that remains inside park boundaries. Over the past 15 years, the State has also acquired easements to obtain some rights from private landowners. These transactions have grown increasingly complex, involving not only conservation easements, to prevent subdivision and development, but also easements for access, trespass, recreation, and harvest. Special interests have become involved in the acquisition process through legal requirements as well as the need for financial assistance and technical advice. The participation of multiple actors has shaped both easements obtained by the State and rights retained by private landowners, making ownership of land an expression of social values rather than an expression of liberty and individuality.