ABSTRACT
Europeans imposed law on the American landscape from the moment they stepped from their ships and planted the flags of their sovereigns. Law was the mechanism by which the European powers created their own property rights in the lands of the New World, rights that did not exist before their arrival, rights that supplanted a much different view of the nature of property held by the native peoples. This chapter examines the legal framework that evolved from these imported laws, and under which farmland conversion decisions are now made. It begins with a discussion of the evolution of property law in the United States and then describes five types of laws that influence land use. The chapter gives federal, state and local examples of each of these types of laws and analyzes the effectiveness of different farmland preservation programs. It concludes with an analysis of the "takings issue" and makes recommendations for more effective land use controls of farmland.
