Drawing the Line: Striking a Principled Balance Between Regulating and Paying to Protect the Land

September 2009
Citation:
39
ELR 10868
Issue
9
Author
John Echeverria & Jeff Pidot

Editors' Summary

Effective conservation is at times frustrated by a lack of balance between regulation and payment, the two tools most often used for land protection. Efforts to determine which protection tool to use should consider factors such as the proper roles of payment and regulation, use of eminent domain or permanent easements, the temptations of political expediency, and public participation in the decisionmaking process.

John Echeverria is Professor of Law at Vermont Law School. Jeff Pidot recently retired from his longheld position as Chief of the Natural Resources Division at the Maine Attorney General's Office.
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