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Private Conservation Easements over Public Land[文献翻译].doc

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Private Conservation Easements over Public Land[文献翻译].doc

上传人:问道九霄 2012/4/10 文件大小:0 KB

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Private Conservation Easements over Public Land[文献翻译].doc

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文档介绍:毕业论文(设计)文献翻译
Private Conservation Easements over Public Land
This Article examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal limitations. The Article explores in detail a specific example of a town donating conservation easements over property it owns to a third-party not-for-profit anization to ensure that the property would not be developed in the future. This is nearly the functional equivalent of passing an unrepeatable zoning ordinance to restrict development, something existing anti-entrenchment rules would never permit. The Article discusses the costs and benefits of using such a device. It theorizes generally about the nature of entrenchment outside public law, and identifies anti-entrenchment protections designed to prevent the worst effects. It ultimately argues that eminent domain serves an important role in allowing subsequent governments to escape the mitments of prior governments and proposes a modest modification pensation rules to limit the extent to which conservation easements can entrench conservation.
Local governments petitors in a nationwide race over taxes, resources, residents, and, ultimately, property values. It is, however, a peculiar race; more like a sack race than a marathon, because the contestants are hobbled by legal and structural constraints limiting their freedom of moveme