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- Info
Public purpose and private property: The evolution of regulatory taking
| Author: |
Flick, W.A.; Barnes, A.; Tufts, R.A. |
| Date: |
1995 |
| Periodical: |
Journal of Forestry |
| Abstract: |
Imbedded in the culture of forestry is a history of cooperation with private landowners. Now, however, much of what foresters do in the woods is governed by regulatory laws. Yet public regulation must stay within constitutional limits, which means it must avoid the Fifth Amendment prohibition against taking private property without just compensation. Given this constraint, under what circumstances and to what extent can governments regulate or control private lands for public purposes? It may well be time to focus on forestry’s cooperative heritage. Successful ecosystem management and wetlands and endangered species protection will require a synthesis of public purposes and private rights. Forestry programs in fire protection, research, and reforestation are models of such cooperation. By limiting the regulatory alternative, the Supreme Court is implicitly opening the door to cooperative syntheses from foresters and other natural resource professionals. |
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