By Elizabeth Brubaker

This book draws on cases from England, Canada, and the United States, showing how the common law of property has for centuries been a force for environmental protection, while contemporary statutes have allowed polluters to foul private lands and public resources alike. It argues that individuals and communities should be entrusted with the task of preserving the environment and that, with stronger property rights, they would regain the power to prevent much harmful activity.

Published by Earthscan Publications Limited and Earthscan Canada, 1995

Foreword– Anthony Scott

Preface 

Acknowledgments

Part I: The Golden Age of Common Law Property Rights

1. Thou Shalt Not Trespass

2. So As Not to Harm Another

3. Without Obstruction, Diversion or Corruption

Part II: The Erosion of Common Law Property Rights

4. In the Name of the Public Good

5. Growth at All Costs

6. The Defence of Statutory Authority

7. Blinded Justice

Part III: Common Law Failings

8. The Courts v. The Common Man

9. Governments Gutting Their Holdings

10. The Taxman’s Axe

Part IV: Nature’s Case for Restoring Strong Property Rights

11. Alienable Rights

12. No Expropriation Without Full Compensation

13. The Gospel According to St. John

Appendices: Wisdom of the Ages

A. Trespass Case Summaries

B. Private Nuisance Case Summaries

C. Riparian Rights Case Summaries

Works Cited

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