Lets Roll- Applying Land-Based Notions of Property to the Migrat
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Lets Roll- Applying Land-Based Notions of Property to the Migrat
William & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratg Barner IslandsAmy H. MoormanFollow this and additional works at: https://scholarship.lawwm.edu/wmelprỞ Part of the Property Law and Real Estate CommonsRepository CitationAmy H. Moorman. Let's Roll: Applying Land-Based Notions of Property to the Migrating Barrier Islands. 31 Wm. & Mary Envtl. L. & Lets Roll- Applying Land-Based Notions of Property to the MigratPol’y Rev. 459 (2007), https://scholarship.law.wm.edu/ wmelpr/vol31/iss2/6Copyright c 2007 by the authors. This article is brought to you by the WilliLets Roll- Applying Land-Based Notions of Property to the Migrat
am & Mary Law School Scholarship Repository.https:// scholarship 1 aw. wm.edu/wmdprLet’s Roll: Applying Land-Based Notions of Property to the MigratinWilliam & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migrator example, with respect to ownership interests, surveyors usually describe tracts of land by reference to fixed points that are marked by stakes placed in solid, immobile earth.2 While legal scholars debate about what the term “property” encompasses and what rights should be included in the traditi Lets Roll- Applying Land-Based Notions of Property to the Migratonal “bundle of sticks,” they generally assume that clear boundaries of real property have been established, or at least are capable of being determinLets Roll- Applying Land-Based Notions of Property to the Migrat
ed.3 The barrier islands of the United States defy these basic assumptions because they actually move.4 The concept that land is moving confounds not William & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratt, taxpayers who subsidize the redevelopment of these vulnerable areas, and the legal and judicial systems that lack the appropriate paradigm to make decisions about the ownership and regulation of land in motion.5 Hurricane Katrina, which struck the Gulf Coast and its barrier islands with devastati Lets Roll- Applying Land-Based Notions of Property to the Migratng force in August 2005, revealed that when the forces of nature compete against society’s wishes for the use of coastal property, nature will win.6 ILets Roll- Applying Land-Based Notions of Property to the Migrat
t is time for the law to catch up with existing realities.* Chair, Division of Economics and Business and Associate Professor of Business Law, Doane CWilliam & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratnary 1218 (6th ed. 1990).2Bureau of Labor Statistics, Career Information Home Page: Surveyor, httpV/www.bls •gov/kl2/math03.htm (last visited Mar. 1, 2007).3o. Lee Reed, What is “Property"?, 41 Am. Bus. L.J. 459, 495-96 (2004).4James J. Szablewicz, Development of Barrier Islands in Virginia, 6 Va. J Lets Roll- Applying Land-Based Notions of Property to the Migrat. Nat. ResourcesL. 375, 378 (1987).6 See infra Part III.e Jeff Koinange, CNN Africa Correspondent, Katrina: When New Orleans Went from Developed WorldLets Roll- Applying Land-Based Notions of Property to the Migrat
to Third World (Aug. 30,2006), http://www.cnn.com/2006/US/08/30/btsc .koinange/index.html.459460Wm. & Mary Envtl. L. & POL’Y Rev. (Vol. 31:459It is tWilliam & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratlling over themselves, protect the coasts of the United States from Maine to Texas.Even when arguing about what rights are included in the term “property,” legal scholars commonly identify the basic right of a real property owner as the right to restrict others’ use of property within established bo Lets Roll- Applying Land-Based Notions of Property to the Migratundaries.7 Trespass claims rest on the notion that a landowner’s rights have been infringed upon by one who has crossed a stationary property line toLets Roll- Applying Land-Based Notions of Property to the Migrat
enter another’s land.8 The importance of property lines is also illustrated when one asserts title to or an easement on another’s property by proving William & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migrat laws of real property ownership depend upon the basic stability of land, so do principles of environmental law and land use.10 Federal, state, and local governments enact laws and regulations that limit what private owners or the public may do on specified lands.11 The stated purpose of these laws Lets Roll- Applying Land-Based Notions of Property to the Migratand regulations is usually to protect natural resources, including threatened species, or to protect human populations.127 Craig Anthony Arnold, The RLets Roll- Applying Land-Based Notions of Property to the Migrat
econstitution of Property: Property as a Web of Interests, 26 Harv. ENVTL. L. Rev. 281, 285 (2002); Eric T. Freyfogle, The Particulars of Owning, 25 EWilliam & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratobert J. Goldstein, Green Wood in the Bundle of Sticks: Fitting Environmental Ethics and Ecology into Real Property Law, 25 B.c. Envtl. AFF. L. Rev. 347, 350 (1998) (stating that “the popular perception” that the law of real property ownership is “well settled”). While beyond the scope of this speci Lets Roll- Applying Land-Based Notions of Property to the Migratfic piece, an area for future study is the change in norms with respect to applying the traditional “bundle of sticks” approach to barrier island propLets Roll- Applying Land-Based Notions of Property to the Migrat
erty.“ See, e.g.,Va. Marine Resources Comm’n, Coastal Primary Sand Dune/Reaches Guidelines: Barrier Island Policy, 4 Va. Admin. Code § 20-440-10 (2007William & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratified as amended at 16 Ư.S.C. §§ 1531-44 (2007)) (mandating that all federal agencies must seek to conserve endangered and threatened species and no federal agency may issue a permit affecting habitats of such species without an exemption from the Endangered Species Committee); Coastal Barrier Resou Lets Roll- Applying Land-Based Notions of Property to the Migratrces Act of 1982, Pub. L. No. 97-348, 96 Stat. 1653 (1982) (codified at 16 Ư.S.C. §§ 3501-10 (2007)) (recognizing that the federal government has subsLets Roll- Applying Land-Based Notions of Property to the Migrat
idized development on barrier islands that has resulted in “the loss of barrier resources” and, thus, prohibits the development of undeveloped barrierWilliam & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigrating Lets Roll- Applying Land-Based Notions of Property to the Migratf coastal barrier islands); Northampton County,William & Mary Environmental Law and Policy ReviewVolume 31 (2006-2007)Issue 239114Let's Roll: Applying Land-Based Notions of Property to theMigratingGọi ngay
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