Find the audio from our newsletters archived here. <br/><br/><a href="https://landclinic.substack.com?utm_medium=podcast">landclinic.substack.com</a>
Land Clinic Audio Archives
Claim This Podcastby Land.Clinic
5.0(2 reviews)
6 episodes
Updated Daily
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9
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Find the audio from our newsletters archived here. <br/><br/><a href="https://landclinic.substack.com?utm_medium=podcast">landclinic.substack.com</a>
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Publishing Since
3/17/2023
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Recent Episodes
July 19, 2025
Temporal Knowing
<p>This short writing is in response to my (me being Anastasia) <a target="_blank" href="https://earth.nullschool.net/#current/wind/isobaric/500hPa/overlay=none/atlantis=-252.70,138.36,168">favorite map</a> and honestly an excuse to share it in video above. The current view is of winds that blew during narration. </p><p>I’d like to tell you another story. It’s a story of what was but also simultaneously what is and what remains to come. There is a time when land was not owned but known. Known in the way you know the shape of a loved one’s hands, or the way the air becomes heavy before rain fall. All over the world, the law of place emerges not from texts, but from a knowing, a knowing of the water, wind, animals and ancestors. These relationships are lived with all the beauty and uncertainty that comes with life tightly bound to place. Land’s rhythms hold people accountable: its seasons, dangers, and cycles demand care, respect, and attention. Life and death as parts of the same whole. The legal systems humbly bow their heads to correspond to these landscapes and protocols are developed in response.</p><p>Then came the rupture.</p><p>It does not arrive all at once. It unfolds slowly, through trauma, enclosure, conquest, map, and measure. It comes with new words for land (survey, title, deed, estate) and a new way of seeing the world: not as an extension of ourselves, but as disembodied property. Where once place was lived with, land is now something to be owned as a unit of value, a thing to be held in fee simple and to passed on without memory. And though these new systems claim universality as a natural right, but they are neither natural nor inevitable. They are constructed, maintained by force, artificial scarcity and forgetting.</p><p>Still, all is not lost, my love.</p><p>The quiet memory of what was and is carries forward in the language itself. The word for ownership shares a root with the word for oak. In ancient Indo-European tongues, the oaks (aiks) are a sacred tree of life. They are the tree of thunder gods and holy groves, of boundaries and burial sites. Perhaps, to own something, in this old sense, does not mean to control it but to know a place and to hold that place across generations. Slowly, impossible to replace, and always more than itself. Let us sing to this meaning of ownership. In the idea that care is stronger than claim. That law is written in the land, it’s whether we choose to see it.</p><p>The rupture is so very real. But the root runs deeper and so do you.</p> <br/><br/>Get full access to Land Clinic's Substack at <a href="https://landclinic.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4">landclinic.substack.com/subscribe</a>
October 3, 2023
Animating Our Legal Myths
<p>My daughter recently made a new friend on our morning walks, a polypore mushroom. I hadn’t noticed her friend and couldn’t figure out why she was drawn to a corner of the woods off our path but she was insistent. When close enough, she sat down next to polypore and said hi then bye and we were on our way. </p><p>I know this story is banal and familiar to many caregivers of young children. The mundane magic of a developing mind; however, her recognition of sentient beings beyond human is more than poetic, it’s felt. Her worldview is animated. She constantly reminds me to feel (not think*) into all the ways I touch the sentient and the sentient touches me. </p><p>Animacy doesn’t have a single definition and is very much based on the culture composed in. In Latin, the root of the word (anima) translates to life, breath, spirit or soul. I think about animacy as the way everything expresses some form of inhalation and exhalation, how everything at all moments is living, dying or being reborn in loops. It often has found expression in earth-based traditions and folklore tied to place. It doesn’t have to be the same thing as anthropomorphizing because it recognizes and differentiates the experience of each being. In intact cultures of Original People, this is perhaps an understood lifeway; for those of us severed from our place-based traditions of origin, animacy is the universal hum we are trying to find again. </p><p>For the sake of this essay, I very much reduce the wonder-filled landscape of animacy by bringing in the legal fiction of personhood. Abridged, legal personhood essentially is a being “for the whom the law recognizes to have certain rights or duties.” It is the top-down acknowledgment that allows for active participation in society rather than the passive role of “objectified beings” like children, animals, plants, fungi, water and land. </p><p>For most of the United States’ recent history, personhood has meant the adult human (note for the greater half of that history that human is likely cis-male, property-holding and white). Throughout the decades, personhood has evolved with the most contemporary developments including more-than-human beings as persons, distilled in what is formally known as the Rights of Nature (“RoN”) movement. </p><p>I’ll be honest, rights frameworks in isolation taste hollow. I focused my legal education on international human rights and walked away feeling a little empty in the application of the various doctrines and treatises. This weariness extended to the RoN when first introduced to me a couple years ago. Since then I’ve kept a pleasant distance from it, unsure how to hold something as slippery as “moral guarantees.” To me, individuated rights (whether for forest or human being) can suck the relationality out of a situation. </p><p>“Eagles build their houses in trees; people call them eagle nests because in the eyes of human beings it is a nest. To the eagles it is a house and home.” </p><p>- John Jackson, Haa Atxaayi Haa Kusteeyix Sitee</p><p>Recent conversations have led me to investigate my hesitation to play with these legal tools. One of our current projects is with a member of Land Clinic’s advisory council, Wanda Culp. Wanda is many wonderful things. Her warmth and honesty bring me so much joy whenever we meet (just thinking about her actually makes me smile big). She is Tlingit, specifically from the Brown Bear (Chookeneidí) clan. We are working on a mapping project examining land claims in Southeast Alaska. During the process, Wanda has sent me many books and art as research guides, including a collection of <a target="_blank" href="https://www.researchgate.net/publication/323704146_Haa_Atxaayi_Haa_Kusteeyix_Sitee_Our_Food_Is_Our_Tlingit_Way_of_Life_Excerpts_From_Oral_Interviews">oral histories</a>. These interviews with Elders in Tlingit bring the practical aspects of what has been deemed “subsistence living” in union with the stories of the many beings that animate the landscapes of Southeast Alaska.</p><p>Wanda’s art of “Xooyenah” Hoonah waterfront clan houses before the <a target="_blank" href="https://www.google.com/search?client=firefox-b-1-d&q=hoonah+fire#fpstate=ive&vld=cid:a0783e23,vid:PSHu_x-isHA,st:0">Hoonah fire </a>of 1944. The fire was caused by jet fuel from an overturned WWII barge. </p><p>It would feel incomplete to not include the spirit of these stories in our project, leading us down a path that feels miry and creative. We are learning the contours of what is appropriate to share (including what is appropriate to share with me) and what is absolutely necessary to share to adequately reflect the thefts and loss caused by colonization. We are incorporating Wanda’s art as foundation. We are dancing in a space that many don’t understand because we are not necessarily looking for solutions, we are recovering what the United States has invisibilized. </p><p>To aid us, my mentorship with <a target="_blank" href="https://creatureconserve.com/">Creature Conserve</a> starts this month. Creature Conserve is “[a] support system for artists, writers, and scientists as they collaborate and explore the human connection to nature, creating new pathways to a healthier world for all creatures.” I’m really not sure the outcomes of any of this but I’m excited to share our process out as it develops. </p><p>In returning to my question (how do we hold a hum), the answer that seems to arrive for me is we don’t. Just as land holds us and we don’t hold the land, the hum holds us we don’t hold the hum. We just need to listen. </p><p>Parting gift: A <a target="_blank" href="https://open.spotify.com/playlist/3wQoIU4cOtrCNqJtW5vJ9z?si=f7958ce8bcec4820">playlist</a> to play with animacy. May the reverb produce echoes of that universal hum. </p> <br/><br/>Get full access to Land Clinic's Substack at <a href="https://landclinic.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4">landclinic.substack.com/subscribe</a>
September 6, 2023
Evolving Land Trust Practices Through the Ancient Commons
<p>This piece is co-authored by the founders of <a target="_blank" href="https://www.thefarmerslandtrust.org/">The Farmers Land Trust</a>, Kristina Villa and Ian McSweeney. Kristina narrates for us. </p><p>Kristina Villa is a farmer, communicator, and community coordinator who believes that our connection to the soil is directly related to the health of our bodies, economy, and society. With over a decade of farming, communication, and fundraising experience, Kristina enjoys using her skill sets to share photos, stories, and information in engaging ways which help to inspire change in human habits and mindsets, causing the food system, climate, and overall well-being of the world to improve. Kristina has spent the last several years of her professional career saving farmland from development and securing it in nonprofit land holding structures that give farmers, stewards and ranchers long-term and affordable access and tenure to it. Most of her work in the land access space has focused on equitable land security for BIPOC growers, addressing the inequities and disparities in how land is owned and accessed in this country.</p><p>Ian McSweeney’s life’s work is centered on the human connection to land and each other, framed through the understanding that food is a universal point of connection and agriculture is one of the greatest polluters of land and water, and a primary activity that separates people from the land. Ian has been a social worker focused on developing and operationalizing outdoor experience-based education, a real estate broker and consultant focused on prioritizing conservation, agriculture, and community within land development, and a director of a private foundation focused on assisting landowners and farmers through customized approaches to farmland ownership, conservation, management, and stewardship.</p><p></p><p>Our relationship to land is based on our cultural context. Land can represent seemingly opposite concepts simultaneously: unchecked power and community justice, reparative equity and wealth hoarding to name a few. Many experience and witness our disconnection from the land and from each other through the global and local impacts of colonization and privatization. These realities are magnified by historic and present day land injustice and are even more felt by those who grow food and cultivate land through experiences of significant financial, market, climate, and stress factors. </p><p>Our cultures and societal structures are built upon belief systems that are created by the stories we are told. Land ownership, access and tenure, equity, and connection are unjust, and the truth of this is beginning to be understood by a greater percent of the population. The narrative of pioneering homesteaders acquiring land as the fabric of our national manifest destiny necessarily crumbles as we acknowledge that many of us live on stolen land. We need stories and models that strive toward land justice and reconciling our relationship with land. </p><p>As it relates to our farmlands, new and beginning farmers identify land access as a primary barrier to farm viability, while existing and retiring farmers must destroy what they have built over a lifetime or more by selling their farms for development and speculation, simply to afford to retire. On average, 37 mid-size farms close permanently every single day in this country given these barriers and others. The successful transition of agrarian land and businesses is what will sustain agriculture, culture, and community resilience. </p><p>Farms are on the decline while farm sizes are on the rise. This is indicative of things like Concentrated Animal Feeding Operations and large scale monocultures. The landowners see farming operations solely as a financial investment rather than community one. </p><p>Land trust and nonprofit land ownership structures have had a profound impact on defining and structuring ownership, access and tenure, and connection; however, by and large, they have not addressed land justice and equity on the scale needed. At <a target="_blank" href="https://www.thefarmerslandtrust.org/">The Farmers Land Trust</a>, we are taking parts of the land trust structure to build new models of land tenure alongside and within the communities and cultures farming today. The Farmland Commons builds upon and evolves precedents set over the past 100+ years by conservation land trusts and 50+ years by community land trusts, and focuses on agriculture, food systems, and agrarian communities. </p><p>We believe land should be held in commons and that so should knowledge and resources. We believe our only hope to counter climate, food systems, and farmland soil and ecosystems collapse is to decommodify farmland and establish new and old relationships with the land. We believe that the Farmland Commons is a necessary and innovative land-ownership model that addresses and transforms the current realities of how land is owned, how tenure and equity are conveyed, and how land stewardship is carried out. This model challenges the current model of land ownership that is biased towards the wealthy and large-scale agricultural corporations, and offers a new, sustainable approach for the small, regenerative farmer. </p><p>The Farmland Commons Model connects local, regional, and national nonprofit structures through 501(c)(2), 501(c)(25), 501(c)(3), and other aligned entities. Nesting multiple entities, partnerships, and relationships in the land-holding structure is needed to bring about a resilient and durable framework to support the individual farm, the local community, and the national network. We think that by balancing local voices and autonomy with regional and national support a collective mission grounded in aligned values, vision, and diverse perspectives is possible.</p><p>The Farmland Commons brings about farmland decommodification into community centered nonprofits for agricultural stewardship, cultural refuge, and the commonwealth by ensuring active use by farmers and stewards who hold secure, equitable tenure for regenerative, chemical-free agriculture. <strong>Commons are community centered, democratically run, limited scope non-profits that are established to hold title to lands, steward and manage those lands, and convey secure and affordable lease tenure to those practicing regenerative agriculture and ecological stewardship. Removing barriers to farmland tenure advances economic justice by allowing farmers who would otherwise not have access to land and capital (down payments and debt financing) to get on land, and for their investments in their farm equipment and natural assets (like soil) to accrue in value.</strong> <strong>The model also enriches communities by building sustainable, local food systems managed by people who live in the community, rather than a farming ecosystem dominated by outside large-scale farm</strong>s. This directly addresses the deleterious hallmarks of conventional agriculture including (1) absentee landowners, (2) production of bio-fuels, animal feeds, and a narrow range of staple crops, and (3) the precarious working conditions of the people working the farm.</p><p>The seeds of change must be viable, diverse, abundant, and adaptable. We see the Commons as a localized and evolving seed bank that is beginning to germinate and flower across the country. Our work within the Farmland Commons is to support local communities through raising awareness and engagement, connecting stakeholders, and collaborating on fundraiser campaigns. Our hope is that more farmers and farming communities may have secured, long-term tenure to their local lands to engage in ecological stewardship and the decommodification of land as well as catalyze and feed their communities without harmful chemicals or depleting our soils. Our work is also to provide the resources and tools necessary to create Farmland Commons, making them an open-resource for other organizations and communities to use. Combined, these two complimentary efforts show the world what is possible with a third, and new type of land trust, the <strong>Commons Land Trust</strong>. We believe this is one way the land trust movement may evolve to be reflective of an ancient past, and a potential future where everyone has the ability to be in relationship with land, healing injustices and building collaborative, resilient networks for land, food, people, and planet. </p> <br/><br/>Get full access to Land Clinic's Substack at <a href="https://landclinic.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4">landclinic.substack.com/subscribe</a>
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