Property Law and Real Estate Commons^™

Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad Emerson

ExpressO

No abstract provided.

Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden

UIC Law Review

No abstract provided.

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

Publications

No abstract provided.

The Potential Impact Of Aboriginal Title On Aquaculture Policy, Diana Ginn

Articles, Book Chapters, & Popular Press

This chapter discusses the potential impact of aboriginal property rights on the development of aquaculture policy by considering whether such rights could provide a basis for First Nation peoples to participate in aquaculture or to manage the participation of others in this industry. The purpose of the chapter is to describe the relevant law as it now stands, to identify issues that have not yet been decided and to consider how the courts might approach such issues in the future.

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler, Ilya Somin

Faculty Publications

The Supreme Court’s recent decision in Kelo v. City of New London has rekindled the debate over “economic development” takings—condemnations that transfer property from one private owner to another solely on the ground that doing so might improve the local economy or increase tax revenue. While such takings have been condemned by many commentators on both the right and the left, environmentalists have been notably absent among Kelo’s critics. Some environmentalists have even defended the Kelo decision and the use of eminent domain to spur private economic development. At the same time, scholarly commentary on Kelo and other economic …

Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell

Buffalo Environmental Law Journal

No abstract provided.

Rhode Island Court Resolves Palazzolo, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller

Michigan Law Review

This Note argues that CERCLA, as it is currently written, requires courts to hold parties liable for pre-purchase soil investigations that spread or mix contamination because to conclude otherwise would stretch CERCLA beyond its breaking point. Part I argues that both those who order pre-acquisition soil testing and those who conduct the tests are PRPs if the testing spreads existing contamination. Part II argues that the statute does not allow for the judicial creation of a soil testing liability exception. Part III acknowledges the policy problems created by testing liability and advocates a legislative solution to exempt pre-purchase soil testing …

An Economic Theory Of Infrastructure And Commons Management, Brett M. Frischmann

ExpressO

In this article, Professor Frischmann combines a number of current debates across many disciplinary lines, all of which examine from different perspectives whether certain resources should be managed through a regime of private property or through a regime of open access. Frischmann develops and applies a theory that demonstrates there are strong economic arguments for managing and sustaining openly accessible infrastructure. The approach he takes differs from conventional analyses in that he focuses extensively on demand-side considerations and fully explores how infrastructure resources generate value for consumers and society. As a result, the theory brings into focus the social value …

Teaching Property Stories, Laura S. Underkuffler

Journal of Legal Education

No abstract provided.

20th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 20th Annual Environmental Law Institute held by UK/CLE in March 2005.

Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong

Scholarly Works

This article explores Justice Scalia's views of judicial review of administrative action, as revealed in his writings on public land law, as both a scholar and a Supreme Court justice. It examines and explains why Professor Scalia favored judicial review of public land administration while Justice Scalia seems to abhor it. In a sweeping law review article published in 1970, Professor Scalia argued that the doctrine of sovereign immunity historically did not apply in public lands cases. On the Court he has penned two of the most significant decisions addressing judicial review of public lands administration, each of them imposing …

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Articles

No abstract provided.

Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler

Faculty Publications

Property rights hold a central place in our Constitutional design and provide the foundation for America's market economy. Admiration of private property has not been universal, however. Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional, classical liberal notions of property rights are incompatible with the demands of environmental protection. These perspectives influenced the development of command-and-control environmental regulation in the 1960s and 1970s. In recent years, however, the perception of private property's role in environmental conservation has begun to change. Disregard for the …

In Re Hoery V. United States: Compensating Homeowners For Loss Of Property Value Due To Toxic Pollution Under The Continuing Tort Doctrine, Elizabeth Ann Coleman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Property And Environment: Thoughts On An Evolving Relationship, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Private property is a necessary but insufficient tool for environmental regulation. Why is it necessary? There are several reasons. First, it settles who controls a resource, making rational management possible. While this may sound trivial, countries with weak or fragmented systems of ownership--or where enforcement of law is tainted by corruption--find it impossible even to begin to preserve resources or prevent pollution. This is especially the case when different individuals make conflicting claims to the same plot of land.

Second, private property owners have the incentive to preserve the capital value of their land. They can reap where they (or …

Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler

Faculty Publications

Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional notions of property rights are incompatible with the demands of environmental protection. Perceiving an environmental crisis borne from Lockean conceptions of property and capitalism, many environmental thinkers came to view the legal protection of private property as an obstacle to environmental sustainability. As a result, the development of command-and-control regulation in the 1960s and 1970s was influenced by the ecological critique of private property.

In recent years, however, the perception of private property's role in …

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown

Georgia Law Review

Increasingly, property owners are employing conservation easements to maintain open space or protect the environment through restrictions on development. Private-party standing to enforce conservation easements, however, has not been so widely embraced, in part because of the perceived inconsistency between private-party standing and private property rights. This Article argues that private-party standing to sue for enforcement of these easements reinforces both the easement grantor's private property rights and society's interest in natural resource preservation. The Article analyzes private-party standing under a reconstituted bundle of property rights theory and the public trust doctrine; examines the efficiency, social justice, and decentralization arguments …

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.

Setting Boundaries For Extraterritorial Applications Of The Property Clause: An Assessment Of An Alternative Source Of Authority For Environmental Regulations, Cyril Robert Emery

Indiana Law Journal

No abstract provided.

Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

49 p. : map ; 28 cm

Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

61 p. ; 28 cm

Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

46 p. ; 28 cm