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Land Use Law Report, Volume 47, Number 1, January 2019


Challenges to Land Management Plan Must Address Actual Violations to Be Ripe

Wednesday, January 09, 2019

Facts: Congress passed the Columbia River Gorge National Scenic Act (the Act) in 1986. The Act created the Columbia River Gorge National Scenic Area, which stretches for more than 80 miles along the Columbia River and encompasses nearly 30,000 acres in Oregon and Washington. To accomplish its goal of preserving this area’s natural [...]

City Lacked Authority to Condemn Land for Suburban Park

Wednesday, January 09, 2019

Facts: In 2000, Sherry Harnish (Harnish) purchased a five acre parcel of property (the Property) outside the Phoenix city limits. The following year, the Phoenix City Council adopted an ordinance authorizing the acquisition of land --- including the Property --- for a nature preserve (the Preserve). In 2003 --- after unsuccessfully [...]

Everybody Files Motion to Intervene on The Steens

Wednesday, January 09, 2019

The county, private landowners, and Native Americans all wanted a piece of the action when the Oregon Natural Desert Association (ONDA) filed suit against the U.S. Bureau of Land Management (BLM) over the management of Steens Mountain. Each party filed a motion to intervene in the action alleging BLM violated the National Environmental Protection Act [...]

No Easement Granted to Owner Landlocked by National Park

Wednesday, January 09, 2019

A district court determined that no easement by necessity existed for the owner of property completely surrounded by Glacier National Park. Prohibition of year-round motorized access was a necessary environmental and recreational policy, said the court, and the landowner could ski or use snowshoes to access his property during the winter months. [...]

Off-Road Vehicle Interest Can’t Run Over Environmental Concerns

Wednesday, January 09, 2019

Facts: Utah Shared Access Alliance (USAALL), an ORV advocacy organization, brought suit under the Administrative Procedure Act (APA) after BLM imposed several restrictions on ORV use in certain Utah counties. The restrictions purported to exclude ORV traffic on federal property in order to limit degradation of natural resources and [...]

Private Person Couldn’t Acquire Ownership of Public, Confederate Monument

Wednesday, January 09, 2019

Background: After a vigorous, six-month debate, the City Council of New Orleans enacted an ordinance that required the City of New Orleans to remove three monuments from outdoor display on public property because they were nuisances. The monuments depict three leaders of the Confederate States of America: General P [...]

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