Taking Farmers' Property Rights Seriously and Just Compensation on their Taking

Abstract

A desire to protect the environment and to manage natural resources in a sustainable way have caused the enactment of much legislation. These statutes work by "commanding and controlling" the way in which natural resources are used. For example water, forests and farming lands. They are the antithesis of the idea that 'freedom – not authority – will provide the most responsible and beneficial stewardship of the planet'.⁶One result of the restrictions imposed by such legislation has been to reduce the economic value of farming lands and the income so generated from growing crops or grazing livestock. A question which arises is whether property owners so burdened, have any legal right to compensation and if not whether they ought to be so compensated? If they are to remain uncompensated for their losses, are these losses tantamount to taxation?