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- Basic Injustice of New York Wetlands RegulationAn
Address by Carol W. LaGrasse to the Landowners
Rights Assembly, Milton, New York, November 18, 1999.
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- By Carol W. LaGrasse (Reprinted from New York Property
Rights Clearinghouse, Vol. 11, No. 2, Spring 2007)
New York State Department of Environmental Conservation, known
as DEC, has (with the State parks office) finalized its new Open
Space Conservation Plan, dated November 2006, but available only
during spring 2007. The plan reveals that the State currently
owns 4,327,000 acres in fee simple plus 731,000 acres in conservation
easements to save open space, or a
total of 5,058,ooo acres. All government open space
land ownership in New York, in both fee simple and conservation
easements, totals 5,486,500 acres. In 424 pages plus nine appendices,
the plan describes the means of government ownership and control
to preserve open space and the countless new goals to acquire
and control more land.
Table 1 - Mandated
Open Space Protection
Open space land in New York State protected by government
ownership, regulation, and pre-zoning regional designations according
to the 2006 New York State Open Space Conservation Plan
Table 2 - Inaccurate,
Confusing Data
DEC Forever Wild Adirondack &
Catskill Forest Preserve land as reported in NYS Open Space Conservation
Plan 1991-2006
Table 3
The Explosion of Conservation Easements
DEC & NYC Conservation Easements & NYS Agriculture
& Markets Purchase of Development Rights (PDRs) as reported
in NYS Open Space Conservation Plan through 2006
Exponential
Growth
DEC Conservation Easements as reported in NYS Open Space Conservation
Plan 1991-2006
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- By Jigs Gardner (PRFA, March 2007)
Environmentalism should be disassociated from Greenism, considering
that Greenism is the enemy of environmentalism. Greenism opposes
the evolutionary history of human environmentalism and obstructs
efforts at pollution control and progress by creating false problems
and promoting absurd, but self-righteous visions of a return
to pre-civilized society.
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- Speech by Dana Berliner from Proceedings of the Fourth
Annual New York Conference on Private Property Rights (1999).
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- UN involvement in Catskill preservation was secretly planned
for many years by Carol W. LaGrasse, reprinted from New York
Property Rights Clearinghouse, Vol. 2, No. 2
(PRFA, July 1995).
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- By Nate Dickinson (PRFA, October 21, 2003)
A solicitation letter from TNC tugs at the heartstrings, but
relies on the emotional, gullible segments of society
to believe that they are saving the last great places
on Earth.
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- Citizens of tiny Arizona town invoke power of initiative
in struggle with tax exempt corporate giant to retain their water
rights.
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- List of 22 states provided by National Conference of Commissioners
on Uniform State Laws (2000) with notes.
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- News Brief - February 2001.
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- Reprinted by permission from The Rhodes Real Estate
Review (Mt. Desert, Maine, January 1999), by Carol W. LaGrasse.
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- National Park Service Seeks Additional Designationsfrom
Positions on Property, Vol. 4, No. 1 (Nov. 1998).
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- A Microcosm of Corruption, Ideological Usurpation of Government
to Destroy Family Farms, by Carol W. LaGrasse, from Positions
on Property, Vol. 2, No. 3 (PRFA, July 1995).
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- A solution to the visibility of homes in the Adirondack
Park in New York State- by Carol W. LaGrasse, January 2002.
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- The Adirondack Park Agencys Reply to a Freedom of
Information Request Chronicles the Coordinated Opposition to
a Single Log House, by Carol W. LaGrasse, reprinted
from the New York Property Rights Clearinghouse, Vol.
5 No. 2 (Fall 2001)
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- A photo gallery relating to the controversy about a one-family
log cabin on Lens Lake, New York.
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- Updates on property rights issues in Congress.
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- By Jason Knox, Esq., Staffer, Committee on Natural Resources,
Subcommittee on Forests, U.S. House of Representatives; Eleventh
Annual National Conference on Private Property Rights (PRFA,
Albany, N.Y., October 13, 2007)
Part of the legislation that Nancy Pelosi would like to ram
through Congress is H.R. 6 to take, Chavez-like, the contracts
of oil companies awarded to drill on the outer continental shelf
during the Clinton Administration. A National Heritage Area omnibus
bill (H.R. 1483) would accomplish the Journey through Hallowed
Ground and Niagara Falls National Heritage Areas, among others.
The Niagara Falls area would involve the National Park Service
in casinos. H.R. 2016 would do away with multiple use in BLM
lands, making billions of acres into defacto wilderness.
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- Updates on property rights issues on the national scene.
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- By Jim Malatras, Legislative Director, Office of Assemblyman
Richard L. Brodsky, New York State Assembly
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- Updates on property rights issues from New York.
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- Speech to Adirondack Park Agency Local Government Review
Board, Baxter Mountain Lodge, Keene, New YorkMay 30, 2001,
by Carol W. LaGrasse.
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-By Jason Knox, Staffer, Resources Committee, U.S. House
of Representatives, Tenth Annual National Conference on Private
Property Rights (PRFA, Albany, N. Y., October 14, 2006)
Rep. Sensenbrenners eminent domain reform bill
(H.R. 4128) died in the Senate. Rep. Chabots bill
to enable property owners to bring Fifth Amendment takings cases
into federal court (H.R.4772) would overcome the requirement
that state remedies be exhausted and the ironic application of
res judicata. Eminent domain due process reform would eliminate
the bulk of federal condemnation abuse.
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- Subject: Support for Assemblyman Robert G. Prentisss
Wetlands Bills (A. 9276-79), March 3, 2000.
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- By Don Fife.
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- The Scathing Audit Conclusions that Dead-Ended, by Carol
W. LaGrasse from Positions on Property,
Vol. 2, No. 2, Apr. 1995.
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- By Lawrence A. Kogan, Esq., Institute for Trade, Standards
and Sustainable Development, Presented at the Tenth Annual National
Conference on Private Property Rights, Albany, New York, October
14, 2006, sponsored by the Property Rights Foundation of America
Left-leaning foreign governments, activists and academics
are waging a campaign against the American free market, private
property, and science and economics-based regulatory systems.
The non-scientific Precautionary Principle, which has assumed
regulatory status in Europe, means banning whole classes of products,
substances and activities from entering the marketplace if it
is merely possible, absent any scientific risk analysis, that
they or the processes used for their manufacture might cause
uncertain health or environmental harm sometime in the future.
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- By Carol W. LaGrasse (PRFA, July 2005)
As long as government has a plan, it may condemn private property
to transfer it to another private party. The literal meaning
of public use in the Takings Clause
of the Fifth Amendment is rejected, replaced with the broader
meaning of public purpose. The ruling
strengthens a trend to the sovereign administrative state in
several recent Supreme Court Rulings, most recently Gonzales
v. Raich and U.S. Chamber of Commerce v. Securities and
Exchange Commission.
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- By Carol W. LaGrasse (PRFA, May 31, 2003)
Justice Anthony M. Kennedy held for the majority of the Supreme
Court that a punitive damages award of $145 million was excessive
for an award of $1 million in compensatory damages in the case
of State Farm Mutual Automobile Insurance Co. v. Campbell,
thereby strengthening the trend to bring punitive awards within
the bounds of reason that was widely applauded in the Courts
1996 ruling in BMW of North America, Inc. v. Gore.
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- ReportArmy cannot regulate isolated wetlands, Migratory
Bird Rule is Dead
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- Bulletin - June 28, 2001 - Ruling in Palazzolo
v. Rhode Island holds that a State cannot be allowed to
put an expiration date on the Takings Clause.- by Carol
W. LaGrasse.
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- Thermal Imaging from Outside House is ruled an Unreasonable
Search but warrantless aerial surveillance is still allowed,
By Carol W. LaGrasse.
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The U.S. Department of Transportation will award 104 grants
totaling $15,444,751 to mainly produce corridor management plans
and implement them, and for other purposes such as greenway development,
signage implementation, historic road marketing, and byway interpretation.
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- By Craig M. Call, Property Rights Ombudsman, State of Utah,
Salt Lake City, Utah; Speech to the Eighth Annual Conference
on Private Property Rights (PRFA, Albany, N. Y. October 23,
2004)
The first property rights ombudsman in the world is a powerful
negotiator for small property ownersmainly homeowners
facing eminent domain, land use takings and land
use ordinances imposed by state and local government.
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