Property And The Public Trust Doctrine
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Author | : Michael C. Blumm |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Conservation of natural resources |
ISBN | : 9781611637236 |
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Author | : Joseph D. Kearney |
Publisher | : Cornell University Press |
Total Pages | : 532 |
Release | : 2021-05-15 |
Genre | : Architecture |
ISBN | : 150175467X |
How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.
Author | : Eric T. Freyfogle |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Natural resources |
ISBN | : 9780314289124 |
Hardbound - New, hardbound print book.
Author | : Mary Christina Wood |
Publisher | : Cambridge University Press |
Total Pages | : 461 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0521195136 |
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Author | : Helen F. Althaus |
Publisher | : |
Total Pages | : 482 |
Release | : 1978 |
Genre | : Eminent domain |
ISBN | : |
Author | : David L Callies |
Publisher | : |
Total Pages | : |
Release | : 2020-10 |
Genre | : |
ISBN | : 9781641057486 |
"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--
Author | : Shefali Soni |
Publisher | : |
Total Pages | : 28 |
Release | : 2020-04-29 |
Genre | : |
ISBN | : 9783346204356 |
Academic Paper from the year 2020 in the subject Politics - Environmental Policy, course: BALLB, language: English, abstract: The public trust doctrine (PTD) is a legal concept with ancient roots, and it is increasingly being examined as a framework for modern conservation. At its core, the PTD is based on the idea that certain natural resources cannot be fairly or effectively managed by private owners. Rather, these resources should be held in trust by government, which must manage their consumptive use and protection on behalf of present and future citizens. Although historically the PTD applied to a limited set of natural resources such as shellfish beds and submerged lands, courts and legal scholars have expanded the definition of trust resources to include wildlife, oceans, and ecosystem services generally. The wide range of interpretations of the PTD is seen as both a weakness (because it leads to uncertainty in property ownership) and a strength (because it can adapt to accommodate emerging science about what it takes to protect ecosystems).
Author | : A. Dan Tarlock |
Publisher | : Thomson West |
Total Pages | : 1296 |
Release | : 1988 |
Genre | : Riparian rights |
ISBN | : |
Author | : Joseph L. Sax |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Water |
ISBN | : 9780314163141 |
Legal Control of Water Resources highlights the cutting edge issues of water law, while providing a comprehensive survey of the field. The book has been thoroughly updated major water marketing developments. There is extended coverage of ongoing efforts to settle Indian water rights claims. Finally, the new edition will include revised introductory materials on topics such as climate change and desalination developments. to reflect major new court decisions and legislation. The Fourth Edition deals with cutting-edge issues such as interstate water disputes on the Great Lakes, the Rio Grande, and in the Southeastern United States. New material has been added on water and urban growth management, environment/property rights conflicts, and
Author | : Peter W. Culp |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Land trusts |
ISBN | : 9781558443235 |
This comprehensive report offers state trust land managers the latest strategies and tools for asset management, residential and commercial development, conservation use, and collaborative planning. Land managers will learn how to fulfill their trust responsibilities while producing larger revenues for trust beneficiaries, accommodating public interests, and more. This is a revised edition of a report originally published in 2006.