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Full-Text Articles in Law
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh
Michigan Journal of Environmental & Administrative Law
The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …
Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review
Proprietary Duties Of The Federal Government Under The Public Land Trust, Michigan Law Review
Michigan Law Review
This Note examines one mechanism by which the courts might supervise public land administration: the common-law public land trust. It contends that by implementing this trust, which is a means of enforcing the government's responsibility for property held in a proprietary capacity, the courts can rectify their neglect of the public lands without overstepping the boundaries of permissible judicial involvement. The trust doctrine is particularly valuable in this context because it is a source of substantive standards in situations where statutes provide little guidance. Vitalization of the public land trust, which is distinct from the more commonly known public trust, …
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
University of Michigan Journal of Law Reform
The purpose of this article is to analyze the failure of past legislative attempts to define public land policy effectively, to examine current proposals for change, and to present an alternative proposal for a clearer statutory definition of policy.