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Land Use (generally)

United States v. 17.83 Acres of Land

The court holds that owners of property atop South Mountain in Washington County, Maryland, were not entitled to an increase in the amount awarded them in a condemnation proceeding. The property owners contend that the district court...

Utah v. Babbitt

The court holds that plaintiffs lack standing to challenge the U.S. Department of the Interior's (DOI's) 1996 Federal Land Policy and Management Act (FLPMA) inventory of public lands in Utah to identify the absence or presence of...

Turmoil Over "Takings": How H.R. 1534 Turns Local Land Use Disputes Into Federal Cases

While the Republican's Contract With America has disappeared from the political landscape, many of its ideas continue to percolate in the 105th Congress. Development interests continue to promote federal legislation to expand...

Life After RCRA—It's More Than a Brownfields Dream

Conventional wisdom says that the Resource Conservation and Recovery Act (RCRA) is an impediment to the reuse of brownfields. Examination of a decade of experience, however, reveals that properties "captured by the net" of RCRA...

United States v. Jenks

The court holds that a ranch owner with inholdings within the Apache National Forest and the Gila River Forest Reserve in New Mexico does not have a preexisting patent right or a common-law easement allowing access to the inholdings....

Property Rights Legislation: A Survey of Federal and State Assessment and Compensation Measures

Editors' Summary: In recent years, vindication of private-property rights has been the rallying cry of various citizen groups and politicians who believe that certain regulatory restrictions—especially environmental protection...

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon: A Clarion Call for Property Rights Advocates

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that aimed to protect endangered and...

Property Rights and Responsibilities: Nuisance, Land-Use Regulation, and Sustainable Use

Editors' Summary: This Article addresses the effect of the U.S. Constitution's Takings Clause on the government's authority to protect environmental resources. An earlier Article, published in the May 1994 of ELR, analyzed...

Property Rights, Property Roots: Rediscovering the Basis for Legal Protection of the Environment

Editors' Summary: Environmental regulation has come under increasing attack from those who argue that governmental limitations on property use violate constitutional restrictions on regulatory takings of property. The author...

Tribes as States: Indian Tribal Authority to Regulate and Enforce Federal Environmental Laws and Regulations

Editors' Summary: The principles of federalism, state primacy, and tribal sovereignty all impact how federal environmental regulations are implemented and enforced on Indian lands. In recent years, Congress increasingly has crafted...