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Articles 1 - 21 of 21
Full-Text Articles in Law
Takings, Narratives, And Power, Gregory S. Alexander
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 …
The Montana Reserved Water Rights Compact Commission, Marcia Beebe Rundle
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.
Instream Flows And Tribal Management Goals: The Flathead Indian Reservation Litigation, Daniel F. Decker
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.
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
The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
19 pages.
Off-Reservation Marketing Of Indian Water, Steven J. Shupe
Off-Reservation Marketing Of Indian Water, Steven J. Shupe
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
12 pages.
Mineral Leasing In Indian Country, Reid Peyton Chambers
Mineral Leasing In Indian Country, Reid Peyton Chambers
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
9 pages.
Contains footnotes.
Cooperative Agreements Between Tribes And The States, Bernard P. Becker
Cooperative Agreements Between Tribes And The States, Bernard P. Becker
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
36 pages.
Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash
Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White
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.
Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton
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).
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
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.
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
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 …
The Process Of Decision-Making In Tribal Courts, Tom Tso
The Process Of Decision-Making In Tribal Courts, Tom Tso
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.
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.
Taxation In Indian Country, Richard B. Collins
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
Environmental Regulation On Indian Reservations, B. Kevin Gover
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
45 pages.
Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone
Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone
Popular Media
No abstract provided.
Keystone Bituminous Coal, First English, Nollan: A Framework For Accommodation?, Peter W. Salsich
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 …
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
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.
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
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 …