Reclaiming Common Wealth: Towards a Law and Political Economy of Land Commons
What are pathways, processes and institutional designs for the generation and governance of land commons?
Relevancy
Institutional investments in land continue to fuel widespread discontent around the world. In cities, affordable housing is becoming increasingly scarce and essential ecological retrofits are being delayed. Meanwhile, large-scale purchases of agricultural land leads to the displacement of rural populations and the rise of harmful monocultures that threaten both local ecologies and food sovereignty. These critiques of private land ownership, corporate control, and the appropriation of social infrastructure have galvanized civil society, sparking protests and calls for systemic change.
Initiatives to de-privatize land and reclaim it as a common resource offer transformative potential. They demonstrate the social and environmental possibilities that can be realized by reorganizing land ownership and its governance.
These movements point to new ways of administering land that prioritize the common good over private profit.
ABOUT
The Reclaiming Common Wealth program, chaired by Isabel Feichtner, focused on exploring ways of transforming the current legal and political economy of land. Fellows within the program – Tim Wihl, Felicitas Sommer, Susanne Heeg, and Stefan Gruber – engaged deeply with two social movements. The first was the Berlin Tenants' Movement, which advocates for the socialization of real estate and transforming private ownership of land and buildings into common property based on Article 15 of the German Constitution. The second was the Coalition of Progressive German Farmers, which campaigns for equitable access to land, its fair distribution, and sustainable use.
The group's work on developing legal and institutional frameworks for a democratized housing sector and the reconstitution of land as a “commons” was informed by commons theory. Importantly, the program bridged the gap between urban and rural land struggles, fostering dialogue between movements and scholars working on socialization and the commons – areas that are often siloed in academic and activist circles.
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Bridging Land Struggles and Building Networks
Many of the challenges to just and socially-ecological land policies – including displacement, opaque ownership structures, land concentration, soil degradation, and the financialization of land – are interlinked across urban and rural contexts. Initiatives based in both urban and rural settings have worked on analyzing these problems and developing strategies to address them. Efforts have been directed towards securing land access, especially for small-scale farms, ensuring equitable land and housing distribution, and preventing further soil degradation. To bridge the urban-rural divide, the program fostered networks among activists, researchers, administrators, and policymakers. One of the outcomes of this collaboration is the book Stadt-Land-Boden – Verbindende Bodenpolitik zwischen Stadt und Land (Urban-rural-soil: Connecting land policy between urban and rural areas), forthcoming from transcript in 2025, which delves into unified land policies connecting urban and rural settings.
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Operationalizing Socialization and Article 15 of the Basic Law
A key focus was the operationalization of Article 15 of the German Constitution, which provides for the socialization of land. The group addressed two key issues: how to unravel opaque ownership structures and how to develop criteria for determining which parcels should be transferred to common ownership. They also explored the issue of fair compensation for previous owners, a critical aspect of the transfer process.
These issues were addressed in expert workshops, and the group's proposals will contribute to the ongoing drafting of a socialization law by the Deutsche Wohnen & Co. initiative. This initiative aims to put a socialization law to a referendum in Berlin in 2026.
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Strengthening Legal Infrastructures for Commons and Commoning
Despite growing interest in commons as a means of social-ecological transformation, the legal and institutional frameworks to support such initiatives remain underdeveloped. In collaboration with commons scholar and activist David Bollier, the program brought together an international group of experts to examine how to build and strengthen legal infrastructures that facilitate and sustain commoning practices.
This international dialogue is critical to resisting the dominance of global market systems and supporting more autonomous, cooperative, and sustainable approaches to land management. A forthcoming synthesis report will provide further insights into this work.
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Re-Designing the International Seabed Authority as a Democratic Institution
Beyond terrestrial land commons, the program also contributed to the discussion on the governance of global commons, particularly the seabed. Governments are currently negotiating a Mining Code for the commercial exploitation of minerals on the deep seabed – considered the common heritage of humankind – via the International Seabed Authority (ISA). Meanwhile, there is growing momentum for a moratorium to protect ocean ecosystems.
The inter- and transdisciplinary workshop “Re-Designing the International Seabed Authority” on February 27-28, 2024 was jointly convened by the programs Reclaiming Common Wealth and Governing the Planetary Commons as well as fellow Frederic Hanusch. It explored how the International Seabed Authority could be transformed into a democratic institution that represents not only human interests but also those of non-human actors, such as marine ecosystems. Furthermore, the workshop examined how the International Seabed Authority might facilitate cohabitation on Earth and in the deep sea, treating these environments as commons. Participants included indigenous activists, marine biologists, international lawyers, political scientists, and artists.
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OTHER ACTIVITIES
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16.11.–17.11.2023
Urban-Rural Land PolicyA workshop at THE NEW INSTITUTE by the program Reclaiming Common Wealth exploring a urban-rural land policy for a social-ecological transformation.
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18.03.–19.03.2024
Value and Valuation of Land and Real EstateWhat is the market value of land? How should it be determined? – A workshop by our program Reclaiming Common Wealth
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20.03.2024
What is the value of land? Should land be valued?A Weekly Lecture by our program Reclaiming Common Wealth
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13.05.–15.05.2024
Infrastructures of CommoningOn May 13-15, 2024, the program Reclaiming Common Wealth will convene a three-day workshop on Infrastructures of Commoning at THE NEW INSTITUTE.
Relevant Publications by Fellows in the Program
Feichtner, Isabel, Heeg, Susanne, Sommer, Felicitas and Wihl, Tim (2024 [forthcoming]). "Auswahl der von einer Wohnungsvergesellschaftung in Berlin betroffenen Grundstücke und Zurechnung von Wohnungen zu Immobilienkonzernen", Working Paper.
Feichtner, Isabel, Heeg, Susanne, Klingenmeier, Anne, Langlotz, Gesine and Schubel, Katja (2025 [forthcoming]). Stadt-Land-Bodenpolitik – Verbindende Bodenpolitik zwischen Stadt und Land. Bielefeld: transcript.
Feichtner, Isabel, Heeg, Susanne and Wihl, Tim (2024 [forthcoming]). “Deutsche Wohnen & Co. Enteignen” in Berlin (Germany): Socializing Housing at a Large Scale”, in Russell, B. and Bianchi, I. (eds.) Radical Municipalism: The Politics of the Common and the Democratization of Public Services. Bristol: Bristol University Press.
Heeg, Susanne and Wihl, Tim (2025 [forthcoming]). “Socialization as a Care-Enabling Response to a Financialized Housing Sector”. Special Issue of the British Journal of Sociology.
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