Property Rights

PAS MEMO.  Dennison, Mark. "This Land is your Land?"  October,
1992.

Summary

If you are a planner or local official accustomed to developing
land use regulations geared toward environmental protection, bite
your tongue before reading this article!  It describes a population
of property owners fed up with government regulations that restrict
their use of land.  Property owners nationwide are banding together
to strengthen their rights against the environment.  Although this
seems very "un-nineties-ish", the article examines how legislation
such as the Endangered Species Act, and regulations that protect
wetlands and historic districts can exclude development to the
point that constitutes a "taking".  What justifies a "taking" is
explored by examining the Lucas v. South Carolina Coastal Council"
case.


A copy of this Memo is available for review at the NH Office of State
Planning, 2 1/2 Beacon Street, Concord, NH during regular business
hours: Monday - Friday 8:00 am to 4:30 pm.

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