Property Rights in the Adirondacks

Jacoby argues that the early settlement of the park was permitted on the basis of a usufruct system of property rights. The usufruct system is a doctrine from Roman law that permits use of land without altering it, as well as the right to cultivate, mine, log, or otherwise exploit the resources on a particular parcel of land, short of destruction, consumption, or alienation. The question of usufruct rights in the Adirondacks is especially relevant in the late 19th century following the creation of Forest Preserve and Park. Prior to the establishment of the Park, many homesteaders settled in the region and established farms. Tracts of land in the Park were not well-surveyed and property owners were often not present to monitor their property, which presented a challenge to state officials as the establishment of the Forest Preserve and Park made more well-defined boundaries necessary.