Our Public Trust Lands
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Our Public Trust Lands
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Author : New Mexico State Land Office
language : en
Publisher:
Release Date : 1979
Our Public Trust Lands written by New Mexico State Land Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Natural resources categories.
Public Trust Rights
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Author : Helen F. Althaus
language : en
Publisher:
Release Date : 1978
Public Trust Rights written by Helen F. Althaus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Eminent domain categories.
Our Public Lands
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Author :
language : en
Publisher:
Release Date : 1953
Our Public Lands written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with Public lands categories.
What The Public Trust Doctrine Can Teach Us About The Police Power Penn Central And The Public Interest In Natural Resource Regulation
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Author : Robin Kundis Craig
language : en
Publisher:
Release Date : 2015
What The Public Trust Doctrine Can Teach Us About The Police Power Penn Central And The Public Interest In Natural Resource Regulation written by Robin Kundis Craig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
One of Joseph Sax's recurring scholarly concerns was how to effectuate and preserve the substantial and long-term public interest in natural resources, and he was drawn to the public trust doctrine in part because that doctrine explicitly recognizes that public rights in those resources, particularly water, do exist. Following in Sax's tradition, this Article argues that the public trust doctrine can serve to illuminate structural and analytical problems with regulatory takings doctrine, which has had a much more difficult time acknowledging the role of public rights. In particular, while governments do sometimes directly represent the rights of the Public -- under the public trust doctrine, for example, as the trustee of submerged lands and as protector of the Public's right of navigation -- the Penn Central takings analysis both overdeterminedly conflates government action with the public interest, eliding the fact that the private property owner is also a member of the Public who benefits from government action, and denies the Public its full independent status as a third interest-holder in any property rights analysis. Using examples from water law, coastal land use regulation, and fisheries management, this Article argues that regulatory takings doctrine unnecessarily impedes the urgent need for property law to evolve to meet the demands of a post-exploitation United States and that the Public and communitarian approach on property rights that the public trust doctrine offers presents a much more useful perspective on property rights for our changing future.
The Public Trust
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Author : California. State Lands Commission
language : en
Publisher:
Release Date : 1980
The Public Trust written by California. State Lands Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Waterways categories.
School Trust Lands Ownership Within Federal Conservation Areas
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Author : United States. Congress. House. Committee on Natural Resources. Subcommittee on Public Lands and Environmental Regulation
language : en
Publisher:
Release Date : 2014
School Trust Lands Ownership Within Federal Conservation Areas written by United States. Congress. House. Committee on Natural Resources. Subcommittee on Public Lands and Environmental Regulation and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Land titles categories.
Who Is Minding The Federal Estate
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Author : Holly Lippke Fretwell
language : en
Publisher: Lexington Books
Release Date : 2009-03-16
Who Is Minding The Federal Estate written by Holly Lippke Fretwell and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-16 with Political Science categories.
Sewage seeping into creeks, crumbling cabins and disintegrating roads, dilapidated visitor centers, catastrophic wildfires: these are some of the sights awaiting visitors to federal lands today. Federal agencies in charge of the public domain call for more support in the form of taxpayer dollars while constantly seeking to add to their holdings; environmental groups call for increased restrictions on land use and resource development; private citizens call for a return to the good old days of crisply tended, crime-free, and unspoiled national parks. All, it seems, overlook the sad fact that the existing federal estate is in terrible shape, badly maintained and managed, and with no immediate hope for improvement. Will more money, more restrictions, more regulations address the problems that plague America's public domain? No: Rather, real improvement requires reform of the managing institutions. Who Is Minding the Federal Estate? is a book intended for any reader with an interest in improving the condition of our public lands. It begins by examining the origins of the federal estate, which, though originally intended to be a temporary clearinghouse, now comprises a third of the U.S. landmass. The book describes the evolution of laws governing that estate and of the public conception of wilderness_once thought to be abundant and in need of taming, now considered to be inviolable and even sacrosanct. In non-technical prose that draws on economic theory and empirical analysis, it systematically investigates patterns of federal land management_and, more to the point, mismanagement. The book closes by offering a set of alternatives that will improve stewardship of the federal estate both by incorporating more private initiatives and by freeing those lands from the grasp of politicians who come and go in favor of a sustainable, long-term management ethic. These alternatives come unshackled by policies that lead to disasters such as the recent and ongoing epidemic of massive fires sweeping the forests of the West.
State Trust Lands
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Author : Jon A. Souder
language : en
Publisher:
Release Date : 1996-02-21
State Trust Lands written by Jon A. Souder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-21 with categories.
Before the federal constitution was written, the Confederate Congress established a policy providing land grants for local and state governments to support public schools. Since 1802, when Ohio joined the Union, every new state has benefited from that policy. Yet today, despite the fact that states still hold 132 million acres in trust, very little is known about the management and use of these lands. Compiling information from the twenty-two states that still own such trust lands, the authors provide a rare look at public land management from a state rather than federal government perspective. Although much has been written on federal management, this is the first comprehensive look at the local administration of state trust lands—which cover far more acreage than lands overseen by the National Park Service and nearly as much as those supervised by the U.S. Forest Service. Understanding and analyzing the state trust lands has always been difficult because they consist of twenty-two state programs and 200 years of history. In State Trust Lands, Jon A. Souder and Sally K. Fairfax examine the management programs instituted by each state, exploring them as models for public land administration. They investigate the nature and role of public resources; observe how states regulate grazing lands and mineral leases; provide insight into subsidizations and self-sustaining land uses; illustrate how state and federal policies differ; and evaluate the strength and weaknesses of market-based approaches to public resource management. State trust lands, they contend, tend to be managed more conservatively and with more environmental awareness than federal lands. This book provides an array of tested, viable alternatives to Bureau of Land Management and U.S. Forest Service management models and will be invaluable to anyone interested in the financial, use, and environmental planning of public resources. Exploring the diverse set of experiences of state land trust managers, Souder and Fairfax present successful and less successful management practices and offer new models and data for the debate on the future of public lands.
No Entry To The Public Lands
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Author : Shelby D. Green
language : en
Publisher:
Release Date : 2014
No Entry To The Public Lands written by Shelby D. Green and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own land, if the effect is to hinder the public's access to public land are several. First, it is opportunistic and unjustly interferes with citizens' ability to enjoy the interest they hold in public lands. Second, it denies citizens access rights rooted in the common law. Third, and perhaps most compelling, because of general notions of property ownership and the evolving public trust doctrine, the right to exclude the public to the extent of access to public lands never inhered in the adjoining private land title. This article begins with a general discussion of what it means to own land privately in our property regime. The second section discusses the United States' landholdings in the country, the differences in ownership rights from that of private ownership, and the obligations imposed upon the federal government as sovereign and as proprietor of public lands. After that discussion, the article examines the historical causes for the lack of access, along with the federal government's responses. This leads into a discussion of some of the legal theories available for assuring access. Finally, the argument presented is that, notwithstanding the Supreme Court's attempt to close the door to implied easements in favor of the government, the expanded concept of public trust may still provide a path through.
Public Land Management Policy
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Author : United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Public Lands and National Parks
language : en
Publisher:
Release Date : 1983
Public Land Management Policy written by United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Public Lands and National Parks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Public lands categories.