Private Conservation Easements over Public Land[文献翻译].docVIP

毕业论文（设计）文献翻译 Private Conservation Easements over Public Land This Article examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal limitations. The Article explores in detail a specific example of a town donating conservation easements over property it owns to a third-party not-for-profit conservation organization to ensure that the property would not be developed in the future. This is nearly the functional equivalent of passing an unrepeatable zoning ordinance to restrict development, something existing anti-entrenchment rules would never permit. The Article discusses the costs and benefits of using such a device. It theorizes generally about the nature of entrenchment outside public law, and identifies anti-entrenchment protections designed to prevent the worst effects. It ultimately argues that eminent domain serves an important role in allowing subsequent governments to escape the recommitments of prior governments and proposes a modest modification in compensation rules to limit the extent to which conservation easements can entrench conservation. Local governments are competitors in a nationwide race over taxes, resources, residents, and, ultimately, property values. It is, however, a peculiar race; more like a sack race than a marathon, because the contestants are hobbled by legal and structural constraints limiting their freedom of movement . A local government wishing to attract some new, high-valued use has relatively limited tools at its disposal. Traditionally, a local government can offer to assemble land, provide tax or financial incentives, or build supportive infrastructure. It can also promise favorable regulator y treatment . For many potential entrants, this last one is the most important. Promises of permissive zoning, to forebear in the future, to forego exactions, or even to maintain restrictions in other parts of town can dramatically affect the expected value of new development. S