Introduction “[E]nvironmental provisions almost always limit someone’s property rights in one or another way. Therefore the tension between individual and public (which are most often declared as the reason of environmental protection) interests arise” (Puraite 2012, 665-666). Governmental entities, ranging from the Environmental Protection Agency (EPA) to local zoning boards, are tasked with managing and conserving our natural resources and protecting these public interests. These agents are granted authority through open ended legislation whose subjective interpretations can potentially lead to legally questionable enforcement policies. While employed as a land surveyor, I have been told by various landowners that they had intentionally obliterated all traces of protected resources, such as wetlands, in an attempt to avoid costly conservation efforts or even the effective loss of useable areas of their land. These acts are never beneficial to the environment and seldom end in amicable relationships between land owners and regulatory agencies. The successful execution of environmental conservation necessitates the cooperation of all concerned parties. Effective participation of landowners in conservation efforts requires that laws governing the environment and property rights have a clear delineation of their limits and intentions. Background In 1921, Albert Einstein said, “For nothing is more destructive of respect for the government and the law of the land than passing laws which
Introduction “[E]nvironmental provisions almost always limit someone’s property rights in one or another way. Therefore the tension between individual and public (which are most often declared as the reason of environmental protection) interests arise” (Puraite 2012, 665-666). Governmental entities, ranging from the Environmental Protection Agency (EPA) to local zoning boards, are tasked with managing and conserving our natural resources and protecting these public interests. These agents are granted authority through open ended legislation whose subjective interpretations can potentially lead to legally questionable enforcement policies. While employed as a land surveyor, I have been told by various landowners that they had intentionally obliterated all traces of protected resources, such as wetlands, in an attempt to avoid costly conservation efforts or even the effective loss of useable areas of their land. These acts are never beneficial to the environment and seldom end in amicable relationships between land owners and regulatory agencies. The successful execution of environmental conservation necessitates the cooperation of all concerned parties. Effective participation of landowners in conservation efforts requires that laws governing the environment and property rights have a clear delineation of their limits and intentions. Background In 1921, Albert Einstein said, “For nothing is more destructive of respect for the government and the law of the land than passing laws which