Abstract

http://ssrn.com/abstract=1474288
 
 

Citations (1)



 
 

Footnotes (66)



 


 



Entrenching Environmentalism: Private Conservation Easements Over Public Land


Christopher Serkin


Vanderbilt Law School


University of Chicago Law Review, Forthcoming
Brooklyn Law School, Legal Studies Paper No. 165

Abstract:     
This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal limitations. The piece examines in detail a specific example of a town donating conservation easements over property it owns to a third-party not-for-profit conservation organization in order ensure that the property would not be developed in the future. This is nearly the functional equivalent of passing an unrepealable zoning ordinance restricting development, something existing anti-entrenchment rules would never permit. The piece examines the costs and benefits of using such a device. It theorizes generally about the nature of entrenchment outside of public law, and identifies anti-entrenchment protections designed to prevent the worst abuses. It ultimately argues that eminent domain serves an important role in allowing subsequent governments to escape the precommitments of prior governments and proposes a modest modification in compensation rules to limit the extent to which conservation easements can entrench an anti-development agenda.

Number of Pages in PDF File: 26

Keywords: Local government, entrenchment, conservation easements

Accepted Paper Series


Download This Paper

Date posted: September 16, 2009  

Suggested Citation

Serkin, Christopher, Entrenching Environmentalism: Private Conservation Easements Over Public Land. University of Chicago Law Review, Forthcoming; Brooklyn Law School, Legal Studies Paper No. 165. Available at SSRN: http://ssrn.com/abstract=1474288

Contact Information

Christopher Serkin (Contact Author)
Vanderbilt Law School ( email )
131 21st Avenue South
Nashville, TN 37203
United States
615-343-6131 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 697
Downloads: 99
Download Rank: 156,609
Citations:  1
Footnotes:  66

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.282 seconds