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Wetlands Justice Project - New York

Carol LaGrasse at podium introducing Assemblyman Prentiss in front of New York State Capitol.
Assemblyman Robert G. Prentiss's press conference to seek justice for Saratoga County landowners, in front of New York State Capitol Building in Albany.
Photo courtesy of Sidney W. Thomas. Click Here for more photos of press conference.

New information added on June 16, 2009

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"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 building permit.

"New York State Assembly Passes More Stringent Wetlands Rules"
- Reprinted from N.Y. Property Rights Clearinghouse,
Vol. I, No. 4 (PRFA, Fall 2004)

Legislative Update - April 18, 2001
"Senator Owen H. Johnson Introduces Bill for Tax Abatement for Wetlands Property Owners—Parallel bill introduced in the Assembly by Assemblyman Robert G. Prentiss"

 Legislative Update - March 21, 2001:
"Assemblyman Robert G. Prentiss Introduces Wetlands Homeowner's Relief Act—Comprehensive legislation submitted to protect property owners and taxpayers"

January 2001:
"U. S. Supreme Court Narrows Power of Corps of Engineers - Army cannot regulate isolated wetlands" - Carol W. LaGrasse (PRFA - January 2001)

See Also
See Also

Wetlands Policy - National

Additional Resources
Additional Resources

"Freshwater Wetlands maps and Classification Regulations—NYCRR—Part 664, Pursuant to Article 24 of the Environmental Conservation Law," Published by New York State Department of Environmental Conservation


In-Depth Information

  • "DEC Should Control Its Beavers" - By Carol W. LaGrasse, PRFA, May 31, 2009
    A beaver dam burst in Warren County, New York, releasing a barrage of water that washed out forty feet of the Upper Hudson Railroad tracks in Riparius. Taxpayers are upset at facing still another delay and expense related to the exorbitant railroad restoration project. But the Department of Conservation, which owns the beavers, should pay for the repair.
  • "Property Rights Around New York" - By Carol W. LaGrasse, President, Property Rights Foundation of America, Inc. (Speech to the Building & Realty Institute of Westchester and the Mid-Hudson Region, White Plains, N.Y., September 11, 2008)
    On the anniversary of 9/11, the insidious attempt to repeal new building code protections of high-rise office occupants that were the culmination of the work of the best minds in fire protection and engineering points to the true need for government that would protect the economy and property rights of New Yorkers by dealing with dictatorial historic preservation, NIMBY obstruction of local development, utility obstruction, warrantless rental inspections, overzealous wetland protection, free-wheeling eminent domain, and limitless preservation-oriented land acquisition.
  • "Fear and Trembling"- By Carol W. LaGrasse ("Worth Commenting," Reprinted from the New York Property Rights Clearinghouse, Vol. 10, No. 1, PRFA, Winter 2006)
    Most property owners faced with the threatening experience of dealing with DEC wetlands bureaucrats and APA officials are so terrified that that they will not ask their elected representatives for assistance. Anyway, representatives can not be counted on to help property owners facing unjust environmental permit conditions and enforcement, but, instead, are good at getting grants for communities.
  • James E. Morgan"Southampton Property Owner Wins Takings Compensation for Wetlands Regulation" - By James E. Morgan, Attorney, Galvin & Morgan (Reprinted from the New York Property Rights Clearinghouse, Winter 2004)
    The New York State Appellate Court ruled in 2003 that Stanley Friedburg deserves compensation for the application of regulation under the Tidal Wetlands Act because the burden to benefit the public good was to be borne essentially by him and because "the denial of the permit destroyed all but a bare residue of economic value of the property."
  • "State must come to aid of wetlands owners," Letters to the Editor, by Carol W. LaGrasse, Daily Gazette, Schenectady, N.Y., December 15, 2000.
    This letter calls for tightening of the definition of jurisdictional wetlands and for a formal system of tax abatement on wetlands properties.
  • "Pulse of the People—Prentiss courageously led charge" - Op Ed by Carol W. LaGrasse in The Troy Record, October 24, 2000.
    This letter reflects on 40 years of mosquito policy in the State of New York, with observations about wetlands.
    Assemblyman Robert G. Prentiss's press conference to seek justice for Saratoga County landowners, in front of New York State Capitol Building in Albany. Photo courtesy of Robert G. Prentiss.
     Photo of Assemblyman Robert Prentiss on New York State capitol lawn during press conference.
  • Official letter to "Dear Property Owner," from Gerald A. Barnhart, Director, New York State Department of Environmental Conservation—Division of Fish, Wildlife & Marine Resources, November 12, 2000.
    This letter to all 4,264 property owners who had received notices in 1999 that they had new jurisdictional wetlands on their property announced that DEC "is suspending the current map amendment effort in Saratoga County until further notice."
  •  Peter J. LaGrasse"Wetlands stance commendable," - Letter to the Editor, Peter LaGrasse, The Post Star, Glens Falls, N.Y., December 27, 1999
    Peter LaGrasse points out that "wetland designations could well be the most prominent influence on value." He calls for:
    • Separate assessments for wetland
    • Separate appeals of these wetland assessments
    • Small Claims Court jurisdiction over wetland assessments
  • "Uncertainty as Law—Basic Injustice of New York Wetlands Regulation" - By Carol W. LaGrasse, An Address to the Landowners' Rights Assembly, Milton, New York, November 18, 1999
    This speech uses history and a present-day local example to contrast the justice which our legal system is intended to guarantee with the juggernaut of New York State's current discretionary wetlands regulation.
  •  "DEC should revisit wetlands mapping," - by Carol W. LaGrasse, "Comment," Capital District Business Review, Albany, N.Y., September 27, 1999
    This Op Ed is a concise overview of the injustices faced by wetlands property owners in New York, especially considering the abuse of power inherent in DEC's re-mapping method, and urges essential reforms that were subsequently incorporated into the Prentiss legislative proposals in February 2000.
  • Walter H. Olsen, Sr."Wetlands, Long Island Pine Barrens Takings" - from a speech by Walter H. Olsen, Sr., Flanders, N.Y., Proceedings of the Third Annual New York Conference on Private Property Rights (PRFA, 1998)
    Mr. Olsen relates his personal experience where his property was trapped by New York State DEC's and the Town of Southampton's wetlands enforcement.

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