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Site Guide
An alphabetical listing of articles and information relating to
private property rights issues.

Uncertainty as Law
- Basic Injustice of New York Wetlands Regulation—An Address by Carol W. LaGrasse to the Landowners' Rights Assembly, Milton, New York, November 18, 1999.
"Unbridled Radical Preservation"
- 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
"Understanding Greenism"
- 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.
Unequal Protection—The Injustice of Using Eminent Domain on Behalf of Private Business
- Speech by Dana Berliner from Proceedings of the Fourth Annual New York Conference on Private Property Rights (1999).
UNESCO Catskill Biosphere Reserve Plan Put to Sleep—Supporters allege "misinformation" and slander opponents
- 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).
"An Unexpected Visit from The Nature Conservancy"
- 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."
Unidos Hacemos Fuerza - Press Release, December 7, 2001
- Citizens of tiny Arizona town invoke power of initiative in struggle with tax exempt corporate giant to retain their water rights.
Uniform Conservation Easement Act—State Adoptions
- List of 22 states provided by National Conference of Commissioners on Uniform State Laws (2000) with notes.
Unions Use Environmental Lawsuits to Extort Labor Agreements—Power Plants in California Delayed
- News Brief - February 2001.
Unjustified Privileges of Environmental Non-Profits
- Reprinted by permission from The Rhodes Real Estate Review (Mt. Desert, Maine, January 1999), by Carol W. LaGrasse.
U.N. World Heritage Sites
- National Park Service Seeks Additional Designations—from Positions on Property, Vol. 4, No. 1 (Nov. 1998).
Unrepentant Congress
- 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).
Unterhaus—Adirondack Housing
- A solution to the visibility of homes in the Adirondack Park in New York State- by Carol W. LaGrasse, January 2002.
"Untouched" Lake Shore
- The Adirondack Park Agency's 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)
"Untouched" Lake Shore article Photo Gallery
- A photo gallery relating to the controversy about a one-family log cabin on Lens Lake, New York.

Congressional Updates

- Updates on property rights issues in Congress.
"Update from Congress"
- 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.
 Updates — National
- Updates on property rights issues on the national scene.
"Update on Eminent Domain in the New York State Legislature"
- By Jim Malatras, Legislative Director, Office of Assemblyman Richard L. Brodsky, New York State Assembly
New York Updates 
- Updates on property rights issues from New York.
Update on Adirondack Litigation
- Speech to Adirondack Park Agency Local Government Review Board, Baxter Mountain Lodge, Keene, New York—May 30, 2001, by Carol W. LaGrasse.
"Update on Property Rights in the U.S. Congress"
-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. Sensenbrenner's eminent domain reform bill (H.R. 4128) died in the Senate. Rep. Chabot's 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.
Urgent Action Memo
- Subject: Support for Assemblyman Robert G. Prentiss's Wetlands Bills (A. 9276-79), March 3, 2000.
USDA Recognizes Limestone Filler-Extenders as Saving
Millions of Barrels of Oil
- By Don Fife.
U.S. Department of Interior Inspector General
Audit of Land Acquisition Using "Non-Profits"
- The Scathing Audit Conclusions that Dead-Ended, by Carol W. LaGrasse from Positions on Property, Vol. 2, No. 2, Apr. 1995.
"U.S. Private Property Rights Under International Assault"
- 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.
"U.S. Supreme Court: Administrative State is King - Chilling Kelo v. New London Decision Dashes Trust in Top Court"
- 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.
"U.S. Supreme Court Brings Reason to Punitive Damages - State Farm Ruling Builds on the Record in 1996 BMW Case"
- 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 Court's 1996 ruling in BMW of North America, Inc. v. Gore.
U. S. Supreme Court Curtails Power of Corps of Engineers
- Report—Army cannot regulate isolated wetlands, Migratory Bird Rule is Dead
U. S. Supreme Court Rules That "Takings" Are Not Wiped Out By Change of Ownership
- 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.
U.S. Supreme Court Sides with Privacy Rights
- Thermal Imaging from Outside House is ruled an "Unreasonable Search" but warrantless aerial surveillance is still allowed, By Carol W. LaGrasse.
"U.S. Transportation Secretary Mineta Announces Scenic Byway Grants"
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.
"Utah Property Rights Ombudsman — A National Model"
- 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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