Law Commons^™

Takings, Narratives, And Power, Gregory S. Alexander

Cornell Law Faculty Publications

"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …

Off-Reservation Marketing Of Indian Water, Steven J. Shupe

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

12 pages.

Instream Flows And Tribal Management Goals: The Flathead Indian Reservation Litigation, Daniel F. Decker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

6 pages.

The Montana Reserved Water Rights Compact Commission, Marcia Beebe Rundle

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

27 pages.

Contains references.

Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.

The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

19 pages.

Mineral Leasing In Indian Country, Reid Peyton Chambers

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

9 pages.

Contains footnotes.

Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

42 pages (includes illustrations and maps).

Cooperative Agreements Between Tribes And The States, Bernard P. Becker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

36 pages.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

The Historical Policy Of Federal Restraints On Resource Development In Indian Country, Robert A. Williams, Jr.

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

6 pages.

Contains references.

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.

Taxation In Indian Country, Richard B. Collins

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

Environmental Regulation On Indian Reservations, B. Kevin Gover

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

45 pages.

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone

Popular Media

No abstract provided.

For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold

Articles & Chapters

While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …

Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.

Keystone Bituminous Coal, First English, Nollan: A Framework For Accommodation?, Peter W. Salsich

All Faculty Scholarship

This article focuses on three Supreme Court cases that produced important developments for land use laws and redefined property rights: Keystone Bituminous Coal Association v. De Benedictis, First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, and Nollan v. California Coastal Commission. The article discusses these cases and the implications they have for both landowners and regulators. Keystone favors property regulators while First English and Nollan favor property owners, but the article emphasizes that when these cases are read together what emerges is a sense that both landowners and regulators have important common interests which the American …