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Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax
Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax
Michigan Law Review
While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …
Condemnation Blight And The Abutting Landowner, Michigan Law Review
Condemnation Blight And The Abutting Landowner, Michigan Law Review
Michigan Law Review
This note will discuss the plight of abutting landowners, and explore various legal theories that may provide them with some recovery against the government units involved. Because most of the theories offer only limited possibilities of recovery, the final section of the note will argue for the creation of a more appropriate remedy.