By Carter Hall—November 20, 2014 at 11:03 a.m. On June 30 of this year the Court of Appeals of New York issued its final ruling in Wallach v. Town of Dryden, holding that municipalities in New York State have the authority to exclude hydraulic fracturing from their borders through zoning.[1] Although the case hinged upon the interpretation of a New York statute with no reach … [Read more...] about Wallach v. Town of Dryden and Local Control of Hydraulic Fracturing
property law
Arkansas Game and Fish Commission v. United States
By David Baake The Fifth Amendment’s Takings Clause provides that private property shall not be “taken for public use, without just compensation.” For most of American history, the Supreme Court construed this clause narrowly, requiring the government to pay compensation only where it permanently appropriated or destroyed property. During the twentieth century, however, the … [Read more...] about Arkansas Game and Fish Commission v. United States
Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements
By Ann T. Schwing When a landowner makes a charitable gift of a conservation easement to a nonprofit organization or government entity and elects to seek a federal tax deduction, both landowner and easement holder are subject to federal tax laws and regulations governing the creation, monitoring, amendment, and extinguishment of the easement. A nonprofit easement holder is … [Read more...] about Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements
Understanding When Perpetual Is Not Forever: An Update to The Challenge and Response to Ann Taylor Schwing
By Jessica E. Jay Rarely in the legal discourse is an author afforded the opportunity to revisit and update a recently published law review article and to correct misunderstandings of a response thereto. When Perpetual Is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements explores the area of law surrounding the … [Read more...] about Understanding When Perpetual Is Not Forever: An Update to The Challenge and Response to Ann Taylor Schwing
Minard Run Oil Co. v. United States Forest Service
By Jonathan Thrope Minard Run Oil Co. v. United States Forest Service (Minard Run II) presents a traditional story with a unique cast of characters. The common law has long established that within a single parcel of property, the surface and the minerals can be separately owned. Where property has been so divided into a “split estate,” the law presumes that the mineral … [Read more...] about Minard Run Oil Co. v. United States Forest Service