Corpus ID: 152366717

The Public Trust Doctrine in Environmental and Natural Resources Law: Chapter 1 (Introduction)

@inproceedings{Blumm2013ThePT,
  title={The Public Trust Doctrine in Environmental and Natural Resources Law: Chapter 1 (Introduction)},
  author={Michael C.Da Blumm and Mary Christina Wood},
  year={2013}
}
The public trust doctrine (PTD) is an ancient property law doctrine which first surfaced in Roman law in the Justinian Code, was revived in medieval England largely through the efforts of Sir Mathew Hale, and became entrenched in American law in the nineteenth century through the process of statehood. In the twentieth century, the doctrine became a favorite of the law professoriate and the environmental community for its potential to recognize public rights in private property. Thus, the… Expand
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References

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Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision
The public trust doctrine, an ancient doctrine emanating from Roman law and inherited from England by the American states, has been extended in recent years beyond its traditional role in protectingExpand
Renouncing the Public Trust Doctrine: An Assessment of the Validity of Idaho House Bill 794
Under the influence of powerful irrigation and timber lobbies, the state of Idaho enacted a law in 1996 which renounced the application of the public trust doctrine to water rights and public landExpand
Modern Public Trust Principles: Recognizing Rights and Integrating Standards
The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as aExpand
Public Property and the Democratization of Western Water Law: a Modern View of the Public Trust Doctrine
Professor Blumm traces the evolution of the modern public trust doctrine in the West. He claims the doctrine is best understood by focusing on the remedies courts prescribe for trust violations.Expand
Democracy, Distrust, and the Public Trust: Process-based Constitutional Theory, the Public Trust Doctrine, and the Search for a Substantive Environmental Value
The public trust doctrine has enjoyed a significant renaissance over the last twenty-five years as a tool for judicial review of government decisions to alienate natural resources. The analysis mostExpand
The Public Trust Doctrine
From the outsetpolitical and legal theory have long been divided on the question of whether various forms of natural resources are in the original position held in common ownership or, alternatively,Expand
Trust Theory of Environmental Protection, and Some Dark Thoughts on the Possibility of Law Reform
When Professor Joseph Sax wrote his famous Public Trust article in 1970, the environmental movement was in a state of agitation and flux. The status of the public trust theory today seems secure; itExpand
The Public Trust Doctrine, Environmental Human Rights, and the Future of Private Property
A dynamic tension has long existed between those who would circumscribe the Earth's bounty for private use and those who would carefully allot and safeguard Earth's riches to satisfy human needs. TheExpand
Equitable Compensation for Public Trust Takings
Under the public trust doctrine, the state is said to hold title to trust resources (most typically land under navigable water but also water itself) in trust for the public. Because of this trustExpand
Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy
This Article explores various theoretical explanations for the public trust doctrine. The author rejects trust law as unworkable and constitutional law as historically unrelated. The author alsoExpand
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