En defensa de la capacidad ecológica de los derechos de propiedad. El gobierno transescalar de los recursos en el Community Land Trust de Bruselas

Community Land Trusts (CLTs) are defined as non-profit organisations or corporations that operate as long-term stewards by acquiring, holding and developing land and other real estate for the benefit of a local community and for the common good. The preservation of land from speculative dynamics and the accessibility of real estate in perpetuity represent the primary mission of CLTs, which they achieve by separating the ownership of land from that of the built-up parts. In the classic CLT legal model, land is neither publicly nor privately owned. It is held in trust as a common good and, as I will explain, the supposed dichotomy or dilemma between private and public is overcome by a radically different approach to property rights that I define as the right to govern versus the right to exclude. In what follows, I will first explain how the fiduciary logic has been translated in a civil law country like Belgium in order to establish the Community Land Trust. The fiduciary logic not only places the preservation of land at the heart of the model, but also allows for the establishment of a plural owner as the ultimate guarantee of the protection of land and landed property from arbitrary decisions. By attributing equal decision-making power to public, private and collective actors, this plural subject validates their different rights, needs and capacities.