Jack H. Archer - The Public trust doctrine and the management of Americas coasts

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title	:	The Public Trust Doctrine and the Management of America's Coasts
author	:	Archer, Jack H.
publisher	:	University of Massachusetts Press
isbn10 | asin	:	0870238981
print isbn13	:	9780870238987
ebook isbn13	:	9780585083087
language	:	English
subject	Coastal zone management--Law and legislation--United States, Public use--United States.
publication date	:	1994
lcc	:	KF5627.P83 1994eb
ddc	:	346.7304/6917
subject	:	Coastal zone management--Law and legislation--United States, Public use--United States.

Page iii The Public Trust Doctrine and the Management of America's Coasts Jack H. Archer Donald L. Connors Kenneth Laurence Sarah Chapin Columbia Robert Bowen Foreword by Jan Stevens University of Massachusetts Press AMHERST

Page iv Copyright 1994 by The University of Massachusetts Press All rights reserved Printed in the United States of America ISBN 0-87023-898-1 LC 93-48759 Set in Adobe Minion by Keystone Typesetting, Inc. Printed and bound by Thomson-Shore, Inc. Library of Congress Cataloging-in-Publication Data The Public trust doctrine and the management of America's coasts / by Jack H. Archer... [et al.] ; foreword by Jan Stevens. p. cm. Includes index. ISBN 0-87023-898-1 (cloth : alk. paper) 1. Coastal zone managementLaw and legislationUnited States. 2. Public useUnited States. I. Archer, Jack H., 1938 . KF5627.P83 1994 346.7304'69l7dc20 [347.30646917]93-48759 CIP British Library Cataloguing in Publication data are available. This book is published with the support and cooperation of the University of Massachusetts at Boston.

Page v Contents Foreword by Jan Stevens vii Preface xi I. The Development of the Public Trust Doctrine 1 A. Some Relevant Recent History 1 B. The Unique Potential of the Public Trust Doctrine 4 C. Evolution of the Public Trust Doctrine in the United States 5 D. The Public Trust Doctrine as a Tool for Coastal Management 13 II. Significant Issues in the Application of the Public Trust Doctrine 15 A. Geographic Scope of the Public Trust Doctrine 15 B. Public Trust Uses 22 C. Analogies to Private and Charitable Trust Law 30 D. Legislative Delegation of Public Trust Responsibilities 44 E. Enforcement of the Public Trust 50 F. Conveyance of Property Rights in Public Trust Lands 55 G. Licensing and Leasing 60 H. Interaction of the Public Trust Doctrine with Takings Clause of the United States Constitution 73

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