"Assemblyman Prentiss Introduces Bill to Protect
Property Owners from Stealth Rules"
- PRFA, Summer 2004
A bill called "The Homeowner's Detrimental
Reliance Act" (A. 10445) introduced into the New
York State Legislature would protect building permit applicants
from being hit with citations from state and federal agencies
that they never heard about after they complied with a local
"1986 Federal Great Lakes Water Resources Development
Act Hits Queensbury Sewer Plan"
-Carol W. LaGrasse
(PRFA, May 5, 2004)
(For further description
of PRFA publications, see
The Property Owner's Experience-New York's
Arbitrary and Excessive Environmental Regulation of Private Land
and Resources, PRFA, 1998
Publication Order Form
Positions on Property: From
1994 through 2000, PRFA analyzed and exposed
land-use controls, pre-zoning, and acquisition plans in New York
State; the capacity for environmental goals to control land without
limitation; the National Park Service's land-use controls and
acquisition agendas; UNESCO Biosphere Reserves; the power of
the land trusts; the Farmer's Home Administration locking up
land which could be used for agriculture; the land acquisition
methods of the U. S. Forest Service in New York's Finger
Lakes; the Forest Legacy and Northern Forest Lands program; the
National and American Heritage Areas; American Heritage Rivers
Initiative; Zoning and Building Codes; and Conservation Easements.
Publication Order Form
- New York State
Department of Environmental Conservation letter to US Fish and
Wildlife Service, June 30, 2011 - By Christopher A. Amato,
Assistant Commissioner (8 pp. letter of the 110 pp. commentary
and technical information transmitted to comment on "Proposed
Rule to Revise the List of Endangered and Threatened Wildlife
for the Gray Wolf (Canis lupus) in the eastern United States,
Initiation of Status Reviews for the Gray Wolf and Eastern Wolf
This letter argues against the US FWS proposed rule change
involving reclassification of the wolves in the Northeast, and
warns that "the new National Wolf Strategy
leave wolves in the Northeast without any federal protection
and essentially abandon the possibility of wolf recovery in the
Easements and TDR's: Fifth Amendment Takings through Zoning"
- By James E. Morgan, Esq., Principal, Galvin and Morgan, Counselors
at Law, Delmar, N.Y.; Twelfth Annual National Conference on Private
Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Transferable development rights, or TDR's, are recognized
as a way of compensating property owners when the government
takes property rights. But the state valued the TDR's
in the Long Island Pine Barrens at a fraction of the fair value,
rather than take the property by eminent domain, which would
have given the property owners more rights. We are going back
to a day when property owners are becoming like feudal serfs
rather than property owners. Be prepared to fight for the long-term.
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.
Pataki Vetoes Misleadingly named 'Canned Shoot' Bill"
Upon the protests of upstate legislators, the farming community,
and property rights activists, a bill to severely restrict game
farming that was passed in June on the last days of the sessions
of each house of the legislature, was vetoed by the Governor
cost proprietors their livelihood DEC liens for fuel-tank-leak
cleanup costs putting some out of business" By
(Post Star, Glens Falls, N.Y., August 1, 2002, page 1, reprinted
After a only ten telephone calls, Post-Star reporter Thom
Randall discovered five general stores in the lower Adirondacks
facing DEC-imposed fuel leak cleanup costs of between $191,000
and $550,000, whether or not the current owners caused the pollution.
Four of the five general stores with DEC liens, in Hadley, Starbuckville,
Johnsburg, Wevertown, and Olmstedville, are closed. The State
seized both the store and home of the storekeeper in Starbuckville,
and the devastated owner died of a heart attack a few years later.
- "Pataki's Good-bye
Kiss," - by Carol W. LaGrasse, Op Ed (Jan.
1998), Published with title "As time goes on, governor grows
more 'green'," in Capitol District Business Review
(Albany, Jan. 19, 1998), and other papers in New York State
- "The Government
Squeeze on Private Property-The Stone Age of Government"
- Carol W. LaGrasse, excerpted from Positions on Property,
Vol. 1, No. 1 (PRFA, March 1994).
This publication exposed in one place for the first time the
multitude of overlapping environmental land-use controls and
acquisition plans that are being put in place in New York State.
Before PRFA began publishing Positions on Property, the multitude
of pre-zoning and pre-acquisition land designations was