Article Abstract:
The Forest Legacy Program, enacted by Congress in 1990 to give the US Forest Service (USFS) authority and funds to protect the Northern Forest, has used conservation easements to prevent endangered forest areas from being depleted. The USFS's practice of buying easements to gain ownership rights in endangered areas remedies local and state governments' unsuccessful or costly attempts to zone or condemn forests in need of protection. The easements allow private owners to retain ultimate ownership rights in designated preserves, yet ensure that the USFS will have leverage over detrimental use or sale decisions.
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Article Abstract:
The hazardous substance easement proposed at CERCLA Section 401(k) is unconstitutional exercise of the federal commerce power. Its letting the federal government regulate local land use violates the Tenth Amendment reservation of this power to the states. The federal power of eminent domain should only be exercised for valid public purposes, and Section 104(k)'s land-use planning purpose does not meet this condition.
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Article Abstract:
A state by state look at airports' ability to acquire prescriptive avigation easements shielding them from litigation by neighboring residents affected by airport operations is taken. The status of the easements in several states which have addressed their recognition and the trend toward their recognition in other states is included.l
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