State Property Rights Laws

The conservative land use movement that emerged in the 1990s to promote the interests of private property owners has pursued a vigorous legislative agenda at all levels of government. All 50 state legislatures have introduced bills to protect private property rights, and 26 states have passed such laws since 1991. While the specific impacts of these laws have been minimal, they have succeeded in reshaping public perceptions about property rights and the balance between private and public rights in land. The challenge is to establish a middle ground in this debate that recognizes the need to regulate private property (as has been done since colonial times) while respecting the core concept of private property rights.