Posts by Dave Owen

John Leshy on the Constitutionality of Public Lands

Published on: Author: Dave Owen

Must the federal government turn over federal public lands to the states? Several years ago, the Utah Legislature appropriated several hundred thousand dollars to study this very question. Not surprisingly, since the study was written by attorneys who hoped to litigate these same claims, the answer was “yes.” This was not exactly a new position.… Continue reading

David Takacs on South Africa’s Treatment of Water Rights

Published on: Author: Dave Owen

As it emerged from decades of legal apartheid, South Africa also embarked on an ambitious program of water-law reform. At its core were two ideas. The first was to treat an old legal concept—the public-trust doctrine—as a foundation for the emerging legal system. That meant treating water as a common resource, to be held by… Continue reading