Buzz
Though it's officially named 'The Son of the Tree That Owns Itself,' neither of the trees have ever been granted legal rights. Photo by Center for Land Use Interpretation, used under Creative Commons CC BY-NC-SA 2.0.Every iconic college town has its folklore, eccentric figures, quirky customs, and distinctive histories. Athens, Georgia — home to the University of Georgia and located just east of Atlanta — is no different. In the 1980s, football legend Herschel Walker clinched the Heisman Trophy while playing for the UGA Bulldogs. Bands like REM and The B-52s, along with numerous other influential acts, got their start in this vibrant town.
The University of Georgia proudly cherishes its traditions, such as the rule that students are forbidden from walking beneath UGA’s famous Arch until after graduation. The town also exhibits a double-barreled cannon from the Civil War period, a device that sounds menacing but was actually considered an engineering blunder.
Athens is home to a unique treasure that no other college can claim: The Tree That Owns Itself. This special white oak tree is not just a natural wonder, but also an important figure in the history of environmental and animal rights movements.
The Tree That What?
At the heart of the story lies a remarkable tree: a 70-foot-tall (21-meter) oak that stands at the intersection of South Finley and Dearing Streets in Athens. According to legend, and some dubious historical accounts, this tree supposedly owns itself and the land around it—an 8-foot (2.4-meter) perimeter. In essence, no one can destroy it without first seeking its permission, or that of its appointed legal guardian.
But what led to the tree gaining such an extraordinary status?
Legend has it that Colonel William Henry Jackson, son of former Georgia Governor James Jackson, sought to protect the tree, which stood on his family’s land and held sentimental value for him. Family records suggest that between 1820 and 1832, Jackson penned a will that stated in part:
This commitment is further cemented in a lasting way: A tablet stands on the tree's land, commemorating Jackson's deep care for the tree and his wishes to protect it for future generations.
The original oak tree succumbed to disease and was uprooted during a windstorm in 1942. In its place, a new tree was planted by the Athens' Junior Ladies Garden Club using an acorn from the original tree.
Center for Land Use Interpretation/USED UNDER CREATIVE COMMONS CC BY-NC-SA 2.0Hold On a Minute
The name of the tree raises an interesting legal question that makes you stop and think, "Can anything actually own itself?" For most adults, the answer is so clearly yes that it's rarely questioned. The core of human rights arguments hinges on this concept: No one can own (or sell or harm) you, unless you consent to it.
But let's return to the legal question about trees — can a tree truly own itself? As with most legal matters, the answer is complicated.
"In the U.S., trees have not been recognized as possessing legal rights," explains Mari Margil, associate director for the Community Environmental Legal Defense Fund (CELDF). "Some trees may enjoy a degree of protection, which differs from that granted to other tree species, but that's not equivalent to possessing legal rights. Legal rights involve being a rights-holder, with the ability to enforce and defend those rights. Constitutional rights represent the highest level of protection within a legal system."
So, does the Athens oak enjoy the highest level of protection? Unfortunately, no. It "has no 'legal standing' by itself, and only through appropriate legislation could it secure such rights," notes Victor D. Merullo, an Ohio-based attorney specializing in tree law.
However, as Merullo, Margil, and other experts point out, there are significant caveats. For one, there are no documented records of Col. Jackson's will. Even if such records existed, they'd have to be recognized by a court. Additionally, there are other complications, such as the claim that the tree wasn't even on Jackson's property, and therefore, he may not have had any legal claim to it in the first place.
It's important to note that the tree standing today is not the original 'Tree That Owns Itself.' The original fell in 1942 due to age and disease. In a move led by the Athens' Junior Ladies Garden Club, the so-called 'Son of the Tree That Owns Itself' was planted from an acorn from the original tree.
In essence, Col. Jackson might have made a thoughtful gesture back in the 1800s, but it lacks any legal standing today.
The Tree Still Stands
However, it's crucial to recognize that both the citizens of Athens and the local government have supported the tree's existence. Although it partially obstructs the street, the tree is 'accepted for care' by municipal authorities and local residents alike.
"We have an appreciation for unique landmarks," says Steven Brown, a board member of the Athens Historical Society. "I believe most people in Athens truly care about their city and cherish anything that symbolizes it in a distinctive way."
For nearly two centuries, the legendary tree's status has been a topic of debate, leading to the possibility that this ongoing discussion, along with the Athenians' involvement, could have set a precedent for environmental rights. Although it may have once seemed far-fetched, in recent years, there have been many legal victories in environmental law that echo the 19th-century declaration made by Colonel Jackson.
The (Tree) Times, They Are A'Changin'
Perhaps, one day, Athens' iconic tree will gain the legal recognition it deserves. Across the globe, nature is slowly gaining legal standing. In 2014, New Zealand's Te Urewera Act transformed the status of a particular forest, turning it from a natural park into its own legal entity. In 2017, a similar legal status was granted to the Whanganui River in New Zealand.
In 2010, Bolivia introduced a law acknowledging the "Rights of Mother Earth." That same year, the country hosted a climate change conference where the Universal Declaration on the Rights of Mother Earth was presented. Two years prior, in 2008, Ecuador became the first nation to enshrine the "Rights of Nature" within its constitution.
Animal rights advocates are also taking similar actions. In early 2018, a High Court in Northern India made a ruling that firmly recognized the legal rights of "the entire animal kingdom."
"Every species has the inherent right to live, and it is the duty of the law to protect them," the court declared.
There are also organizations like the Nonhuman Rights Project, whose mission includes, among other goals, "To alter the common law status of great apes, elephants, dolphins, and whales from being mere 'things' without any legal rights, to being 'legal persons,' who are entitled to fundamental rights such as bodily liberty and bodily integrity."
A Shift in Thinking
However, Margil from CELDF emphasizes that much more work is needed — for trees, nonhuman animals, and the planet itself.
"Humanity must fundamentally alter its relationship with the natural world," says Margil. "[We are] ripping apart the very fabric of life. Profound changes are necessary in both our laws and culture — substantial legal and societal shifts are crucial for any successful movement — and concerning nature, this means ceasing to view nature as something 'other' or separate from ourselves. We must recognize that we are part of nature and entirely dependent upon it. Thus, the importance of a tree owning itself symbolizes the kind of shift that is essential."
"A few years ago," recalls tree lawyer Merullo, "I heard a conservative radio host claim that the greatest value of trees is that they make excellent baseball bats. We need to shift the mindset of the general public, encouraging them to appreciate not just the beauty or potential destruction of trees, but also the immense benefits they provide."
Back in Athens, the (Son of the) Tree That Owns Itself continues to be a popular and quirky spot for university students, locals, and tourists alike, according to Brown from the Athens Historical Society.
"While Athenians have great affection for the tree," Brown notes, "its neighbors, who regularly rake its fallen leaves, often call it 'the tree that doesn’t clean up after itself.'"
Believe it or not, there is another tree in Eufala, Alabama that seems to have experienced a saga quite similar to the original Tree That Owns Itself.
