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Full-Text Articles in Law
Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner
Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner
Vanderbilt Law Review
In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.
Legislative Clarification Of The Correlative Rights Of Surface And Mineral Owners, J. Stephen Dycus
Legislative Clarification Of The Correlative Rights Of Surface And Mineral Owners, J. Stephen Dycus
Vanderbilt Law Review
This Article examines the development of the judge-made doctrine of the dominant mineral owner, then considers the various legislative efforts to restrict or clarify the application of that doctrine. With this background it then proposes a new, more comprehensive statutory solution, which requires a clear expression of understanding about the effect of any mining activity upon the surface of the land. Constitutional implications of the different statutory schemes are identified and briefly discussed at the end of the Article.