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Full-Text Articles in Law

Common Property And Natural Resource Management: A Michigan Perspective, Michael Anthony Lawrence Jan 1999

Common Property And Natural Resource Management: A Michigan Perspective, Michael Anthony Lawrence

Michael Anthony Lawrence

In the thirty years since the publication of Garrett Hardin’s classic essay, The Tragedy of the Commons, academics have debated how to overcome the problems created for the environment by overpopulation and overtaxed natural resources. This essay discusses how one state – the State of Michigan – has dealt with the issues posed by the “the tragedy of the commons.” Through state legislative means (with, e.g., the Wetlands Protection Act and the Sand Dune Protection and Management Act), through local legislative means (zoning), and through judicial interpretation of common law and the United States and Michigan Constitutions, a body of …


Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon Jan 1999

Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …