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Property Rights

Property Rights and the Florida Environment

Orlando Lawyers Chapter Wednesday, October 12, 12:00 PMCountry Club of Orlando
1601 Country Club Drive
Orlando, FL 32804
Featured Speakers: 
  • James Huffman - Property Rights, Freedom, and Prosperity Task Force, Member – Hoover Institution
  • Adam H. Putnam - Commissioner, Florida Department of Agriculture and Consumer Services
  • Daniel Peterson - Director of the Center for Property Rights, The James Madison Institute

Midnight Monuments: The Antiquities Act and the Executive Authority to Designate National Monuments - Podcast

Environmental Law and Property Rights Practice Group Podcast
Donald J. Kochan, Charles Wilkinson September 26, 2016

The Antiquities Act of 1906 provides, in part, that “The President may, in the President's discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments.” 54 U.S.C. §320301(a). Declaring a national monument brings substantial new layers of protected status to the areas or thing so designated, precluding many previously-authorized uses of the area or thing as well. To varying degrees, U.S. Presidents have exercised this authority both during the regular course of their administration and sometimes with heightened vigor at the end, or “midnight hour,” of their final term. Our experts examined the historic use of the Antiquities Act authority and particularly the phenomena of “midnight monument” designations across administrations, including those already completed or anticipated by the now-outgoing Obama Administration. Their analysis included a discussion of the controversial proposal to designate a Bears Ears national monument in Utah in the coming weeks, the historically large expansion in August of the Papahānaumokuākea Marine National Monument to 582,578 square miles of land and sea, the September 15 designation of the Northeast Canyons and Seamounts Marine National Monument, and more.

Featuring:

  • Prof. Donald J. Kochan, Professor and Associate Dean for Research and Faculty Development, Chapman University School of Law
  • Prof. Charles Wilkinson Distinguished Professor, Moses Lasky Professor of Law History and Society in the American West; Indian Law; Public Land Law; Water Law, University of Colorado Law School

The New Trail of Tears: How Washington Is Destroying American Indians - Podcast

Environmental Law & Property Rights Practice Group Podcast
Naomi Schaefer Riley, Timothy Sandefur September 07, 2016

Native Americans on reservations suffer higher rates of crime, addiction, alcoholism, and poverty than any other group of Americans. In her new book The New Trail of Tears: How Washington Is Destroying American Indians, journalist Naomi Schaefer Riley examines the dismal situation—and the rays of hope—and shows how the cycles of poverty, addiction, crime, and family breakdown are perpetuated by government policies. “Indians,” writes Riley, “have chosen civilization; now it’s time for America to make them equal Americans.” With commentary by the Goldwater Institute Vice President for Litigation, Timothy Sandefur, our Teleforum looked at the legal and political problems that plague the more than 500 reservations in North America.

Featuring:

  • Naomi Schaefer Riley, New York Post columnist, author of The New Trail of Tears: How Washington Is Destroying American Indians
  • Commentary by: Timothy Sandefur, Vice President for Litigation, Goldwater Institute 

Pipeline Takings: When Can Your Property Be Taken? - Podcast

Environmental Law & Property Rights Practice Group Podcast
Alexandra Klass, Ilya Somin August 29, 2016

The use of eminent domain to condemn property for pipelines has become an increasingly controversial practice. Critics claim that it undermines private property rights and causes environmental damage. Defenders argue it is essential to enable effective exploitation of the nation's energy resources. In recent months, Georgia and South Carolina have passed new legislation limiting pipeline condemnations, an effort backed by a coalition of conservative property rights advocates and left of center environmentalists. Similar reforms have been proposed in many other states. This forum examined the growing controversy over pipeline takings.

Featuring:

  • Prof. Alexandra Klass, Distinguished McKnight University Professor, University of Minnesota Law School
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University