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Land Use

Taking Land: Compulsory Purchase and Regulation of Land in Asian-Pacific Countries

The government use of compulsory purchase and land use control powers appears to be increasing worldwide as competition for useable and livable space increases. The need for large and relatively undeveloped space for agriculture and...

Moratoria as Categorical Regulatory Takings: What First English and Lucas Say and Don't Say

Introduction

On June 29, 2001, the last day of the October 2000 term, the U.S. Supreme Court granted certiorari to consider "whether the [Ninth Circuit] Court of Appeals properly determined that a temporary moratorium on...

The Changing Economic Role of Natural Landscapes in the West: Moving Beyond an Extractive and Tourist Perspective

Economic Confusion and Federal Land Management Policy

In discussions of the economies of the Mountain West,1 natural landscapes tend to be looked upon from either of two perspectives. The first is...

Back to the Present: The Supreme Court Refuses to Move Public Range Law Backward, but Will the BLM Move Public Range Management Forward?

"In the ranchers' view, history has created expectations in respect to the security of 'grazing privileges'; they have relied upon those expectations; and the statute requires the Secretary to 'safeguard' that reliance."2...

Redwoods, Junk Bonds, and Tools of Cosa Nostra: A Visit to the Dark Side of the Headwaters Controversy

The February 2000 issue of the Environmental Law Reporter (ELR) carried an Article by Deputy Secretary of the Interior David J. Hayes relating the dramatic negotiations that led to the settlement of the Headwaters...

New Nonimpairment Policy Projected for the National Park System

From the enactment of the National Park Service Organic Act (the Organic Act or the Act) in 1916 until a 1998 decision by a federal district court in Utah, the National Park Service (NPS) had managed national parks without resolving...

The Conservation and Recovery Act of 1999: Outer Continental Shelf Revenue Sharing

There has been a great deal of federal-state conflict, termed the "Seaweed Rebellion," regarding the development of outer continental shelf (OCS) oil and gas resources.1 The crux of the conflict is that the...

Saving the Headwaters Forest: A Jewel That Nearly Slipped Away

On March 1, 1999, at 11:56 p.m. Pacific Coast time, the people of the United States took title to the Headwaters Forest, the largest remaining stand of privately owned, old growth redwoods in the world. Uncertain until the end, the...

The National Trails System: A Model Partnership Approach to Natural Resources Management

Our magnificent 40,000-mile National Trails System was established by Congress under the National Trails System Act (NTSA) of 19681 through the combined efforts of President Lyndon Johnson, Secretary of the...

Reuse, Restore, Recycle: Historic Preservation as an Alternative to Sprawl

Editors' Summary: Our country's landscape has changed dramatically over the last 50 years as a result of numerous governmental policies and subsidies that encourage low-density development commonly referred to as "sprawl." Sprawl...