PRIVATE RIGHTS VERSUS PUBLIC INTERESTS - WHO DECIDES THE FATE OF THE COAST

Citation
J. Tibbetts et al., PRIVATE RIGHTS VERSUS PUBLIC INTERESTS - WHO DECIDES THE FATE OF THE COAST, Coastal management, 23(1), 1995, pp. 1-17
Citations number
NO
Categorie Soggetti
Environmental Sciences
Journal title
ISSN journal
08920753
Volume
23
Issue
1
Year of publication
1995
Pages
1 - 17
Database
ISI
SICI code
0892-0753(1995)23:1<1:PRVPI->2.0.ZU;2-7
Abstract
Several important cases involving land-use regulations have reached th e U.S. Supreme Court in recent years. In these cases, environmentalist s argued that the regulations in question are necessary to protect env ironmental quality, community character, or beachfront access. Propert y advocates, however argued that the regulations in question have ''ta ken'' property tantamount to seizures of land. Property advocates have based their arguments on the Fifth Amendment guarantee that private p roperty cannot be seized ''without just compensation.'' Today, the two sides continue to clash in courts and legislatures over interpretatio ns of where an individual's rights end and the public interest begins. The problem of balancing the public good against private interests is especially important in coastal areas, where half of the U.S populati on lives. Participants in this conference plenary session addressed no t only the differing views on issue of property rights versus public i nterests, bur also offered suggestions on how innovative models for co operation can be created by coastal managers and property owners.