Download or read book The Use of the Public Trust Doctrine as a Management Tool Over Public and Private Lands written by and published by . This book was released on 1992 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Use of the Public Trust Doctrine as a Management Tool for Public and Private Lands written by and published by . This book was released on 1992 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Putting the Public Trust Doctrine to Work written by David C. Slade and published by . This book was released on 1990 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Public Trust Rights written by Helen F. Althaus and published by . This book was released on 1978 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Property and the Public Trust Doctrine written by Randy T. Simmons and published by . This book was released on 2007 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book PUTTING THE PUBLIC TRUST DOCTRINE TO WORK written by and published by . This book was released on 1997 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Public Trust Doctrine and the Management of America s Coasts written by Jack H. Archer and published by Univ of Massachusetts Press. This book was released on 1994 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public trust is the notion that the state is obliged to manage certain properties and associated rights under its control in the public interest. This volume outlines rationales and methods for applying the doctrine of public trust to contemporary environmental management of coastal areas.

Download or read book The Public Trust Doctrine and Coastal Zone Management in Washington State written by and published by . This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book 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 published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Public Trust Doctrine written by Paul Marshall Parker and published by . This book was released on 1987 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Public Trust Doctrine written by and published by . This book was released on 1991* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York s Broken Constitution written by Peter J. Galie and published by SUNY Press. This book was released on 2016-11-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform. On its face, New York State’s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are “inoperative,” and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York’s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state’s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. “This is an impressive volume, teeming with invaluable insights. It presents a compelling message: since many of the dysfunctions in state governance are inextricably tied to the organizational structures and policies detailed—and sometimes followed, sometimes disregarded—in the state constitution, constitutional reform is imperative. Anyone concerned about the operation and current dysfunction of New York State government should read this book.” — Vincent M. Bonventre, Albany Law School “This book will be enormously useful in guiding the public and scholarly debate in the lead-up to the November 2017 vote on the question of whether to hold a state constitutional convention.” — John J. Dinan, author of The American State Constitutional Tradition

Download or read book The Public Trust Doctrine in 1985 written by Molly Selvin and published by . This book was released on 1985 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Plunge Into the Muddy Waters of the Public Trust Doctrine Applying the Doctrines of Four States to a Hypothetical Factual Situation written by Bonita Kay Warren and published by . This book was released on 1991 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book No Entry to the Public Lands written by Shelby D. Green and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Property Rights and the Public Trust Doctrine in Environmental Protection and Natural Resource Conservation written by Jedidiah Brewer and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We examine the implications of the public trust doctrine in natural resource protection and conservation. A model of litigation and settlement among disputing parties suggests that the public trust doctrine introduces more costs and is more time consuming than would be the case with alternative approaches, such as the purchase of private rights through market transactions or application of eminent domain powers to reallocate the resource. Because the doctrine allows for uncompensated redistribution, it is resisted by current resource owners. Furthermore, by providing open standing to members of the public in challenging existing uses, public trust disputes encourage excessive demands, increasing the incidence of trial over settlement. This outcome is exacerbated if the plaintiffs derive utility from the cause and provide litigation services at below-market rates, leading to greater investment in litigation. The costs of the public trust doctrine appear to have limited its application beyond the level anticipated by proponents. We present a case study of Mono Lake, part of the well-known 1983 litigation, National Audubon v. Superior Court to illustrate our arguments.

Download or read book The North American Model of Wildlife Conservation written by Shane P. Mahoney and published by JHU Press. This book was released on 2019-09-10 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foremost experts on the North American Model of Wildlife Conservation come together to discuss its role in the rescue, recovery, and future of our wildlife resources. At the end of the nineteenth century, North America suffered a catastrophic loss of wildlife driven by unbridled resource extraction, market hunting, and unrelenting subsistence killing. This crisis led powerful political forces in the United States and Canada to collaborate in the hopes of reversing the process, not merely halting the extinctions but returning wildlife to abundance. While there was great understanding of how to manage wildlife in Europe, where wildlife management was an old, mature profession, Continental methods depended on social values often unacceptable to North Americans. Even Canada, a loyal colony of England, abandoned wildlife management as practiced in the mother country and joined forces with like-minded Americans to develop a revolutionary system of wildlife conservation. In time, and surviving the close scrutiny and hard ongoing debate of open, democratic societies, this series of conservation practices became known as the North American Model of Wildlife Conservation. In this book, editors Shane P. Mahoney and Valerius Geist, both leading authorities on the North American Model, bring together their expert colleagues to provide a comprehensive overview of the origins, achievements, and shortcomings of this highly successful conservation approach. This volume • reviews the emergence of conservation in late nineteenth–early twentieth century North America • provides detailed explorations of the Model's institutions, principles, laws, and policies • places the Model within ecological, cultural, and socioeconomic contexts • describes the many economic, social, and cultural benefits of wildlife restoration and management • addresses the Model's challenges and limitations while pointing to emerging opportunities for increasing inclusivity and optimizing implementation Studying the North American experience offers insight into how institutionalizing policies and laws while incentivizing citizen engagement can result in a resilient framework for conservation. Written for wildlife professionals, researchers, and students, this book explores the factors that helped fashion an enduring conservation system, one that has not only rescued, recovered, and sustainably utilized wildlife for over a century, but that has also advanced a significant economic driver and a greater scientific understanding of wildlife ecology. Contributors: Leonard A. Brennan, Rosie Cooney, James L. Cummins, Kathryn Frens, Valerius Geist, James R. Heffelfinger, David G. Hewitt, Paul R. Krausman, Shane P. Mahoney, John F. Organ, James Peek, William Porter, John Sandlos, James A. Schaefer