Economic And Legal Issues Relating To Land Use - Introduction

At the 1976 Annual Meeting of AIDE, Alan Merson reminded his audience that economic' success comes to those who understand things as they are, rather than as they have been or what ideology says they should be (1). He went on to say that, measured by this standard, the mining industry is in trouble. The mining firms had recognized long ago the importance of effective lobbying in Washington and the state capitals. But, he pointed out, those methods are nearly worthless anymore in coping with many land use problems because the critical decisions are likely to be made at the local level. There the tactics are far different as are the relations of the decisionmakers to the parties before then. Furthermore, in his estimation the trend is to leave land use regulation largely to the local level of government. All who are concerned for access to land for mineral development will be benefited by reading Professor Merson's paper lie is speaking effectively about the context of decisionmaking for specific cases, the shape of things in the here and now. There is, however, a longer-tern set of considerations that if pursued will be likely to foster the creation of public support for mining developments. At that sane meeting I spoke on two foundations of the long-term relationships: namely, the growth in requirements for minerals implied by projections of increasing consumption; and a rationale for fostering mineral exploration and development. I mentioned in passing the social decisionmaking process for public uses of land (2). This paper is intended as a complement. The growth of requirements for Minerals and the rationale for development based on the Entropy Law will be only mentioned. The main concern will be on the process of social decisionmaking in the context of access to land for mineral development.