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Susette Kelo's old house in New London, Connecticut is long gone, as is the entire Fort Trumbull neighborhood that once surrounded it. In 2005, the U.S. Supreme Court decided a case--Kelo v. City of New London--that cost her and her neighbors their homes and sparked a wave of state-level reforms to mitigate its potential damage to private property. In Kelo, the Court held that "economic development" as a "public purpose" was also a legitimate "public use" under the Fifth Amendment's Takings Clause, which provides "nor shall private property be taken for public use, without just compensation." As Justice Clarence Thomas noted in his dissent: "If such 'economic development' takings are for a 'public use,' any taking is, and the Court has erased the Public Use Clause from our Constitution." The risks to private property this approach presents are at their greatest when governments stretch the meaning of "blight" to essentially cover anything that impedes public progress, whatever lawmakers themselves conceive that to be. This Article discusses the last roughly two decades of public-use jurisprudence and places Alaska's response to Kelo in conversation with other states'. In places like New York, Arkansas, and Massachusetts, Kelo and other Supreme Court precedents have together swung state-level precedent on the topic too far in government's favor. There, owners largely bear the burden of proving that the government has no good (or even decent) reason for condemning their properties. On the other end of the spectrum, states including Florida and Michigan have read "public use" much more narrowly--and in a manner that far more closely reflects the original public meaning of the Takings Clause. The piece concludes with an exploration of recent efforts to expand the definition of blight in Alaska, and a discussion of judicial and popular means of protecting the status quo--or better yet improving upon it--in the fortunate event that Alaska's legislature does not redefine "blight," as some lawmakers have threatened in the recent past. [ABSTRACT FROM AUTHOR]

In the wake of the U.S. Supreme Court's decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners. The plaintiff's experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah's statutory right of first refusal has at least three major shortcomings. If legislators wish to arm property owners with effective tools against eminent domain, they should learn from Utah's experience and bolster their own statutory right of first refusal. [ABSTRACT FROM AUTHOR]

Public dedication is one method by which cities, towns, and municipalities acquire new roads and highways. The common law doctrine of dedication has developed to balance the property rights of landowners and the public. When property is dedicated to the public, the landowner generally retains title to the land while the public acquires an easement. Dedications can be made expressly through official grants or by inclusion in a plat. They can also be implied through a landowner's overt words or actions, use by the public, or maintenance at the public's expense. The key factor in determining whether a dedication has occurred is the intention of the landowner--the animus dedicandi. However, for implied dedications, "intent" may be determined not only by the subjective intent of the landowner, but by whether it was reasonable for the public to believe that the landowner had intended to dedicate the road to public use. In the 2022 case McNaughton v. Chartier, the Supreme Court of Iowa examined a publicly constructed access road built partially atop a landowner's driveway at the behest of the landowner. Despite the expenditure of public funds on and public use of the road, the McNaughton majority held that no dedication had occurred. This Note argues that McNaughton reinterpreted Iowa's dedication caselaw in such a way that it no longer aligns with the purpose and logic of the doctrine. This Note also suggests that the Iowa state legislature follow the lead of other states and enact statutory dedication rules. Two statutory provisions could mitigate the effects of McNaughton and provide increased predictability when courts consider cases involving dedication: setting a standard for whether public maintenance results in dedication and establishing guidelines on how landowners can avoid inadvertently dedicating their property. [ABSTRACT FROM AUTHOR]

The Fifth Amendment's "public use" requirement for takings is no longer a requirement at all. Instead, the meaning of "public use" has been expanded far beyond its original intent and public understanding. The broadening of the "public use" requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove "blighted" areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the "public use" requirement through a living constitutional framework justifies heightened judicial review for blight removal takings and simultaneously justifies takings for the provision of affordable housing. With the post-Kelo legislative backlash shifting the doctrine into an exclusionary practice, an adjustment must be made to combat the affordable housing crisis. As this Note suggests, a reinterpretation of the "public use" requirement and accompanying doctrinal shift in the use of eminent domain is not only constitutional but better aligned with current public opinion and values. [ABSTRACT FROM AUTHOR]

The state parks from the far north of Minas Gerais are strategic for raising society's awareness about the importance of nature. Considering that in the State Parks of Montezuma, Caminho dos Gerais (PECGerais), and Serra Nova e Talhado (PESNT), there are important abiotic ecosystem services, geodiversity must be incorporated into environmental interpretation activities. In this work, sites intended for public use were evaluated regarding their educational and touristic potential related to geodiversity and the degradation risk. Geosites and geodiversity sites were selected in which geological processes can be approached by weaving relationships with biodiversity and cultural aspects to encourage visitors to have a holistic view of nature. These sites also encourage discussion on various Sustainable Development Goals – SDGs. Considering that they are located in a region with a semi-arid climate and that these parks are essential for the water supply in their surroundings, aspects related to water resources are of great relevance and may unequivocally be addressed in all selected sites, especially in the Talhado Canyon (PESNT), Gameleiras Dam (PECGerais) and in the Lagarto Rock (PEM). The intrinsic relationship between geodiversity and biodiversity is observed at the Peatlands of Gerais Santana (PESNT), Vereda das Piranhas Trail (PECGerais) and the Lavra Trail (PEM) sites. The relationship between geodiversity and cultural aspects of the region are evident in all selected sites. The high educational and geotourism potential, associated with the low degradation risk, indicates that all these sites are useful for public use activities.

Objective: This study aimed to assess the public's perspectives and the health institutions' readiness for telehealth utilization in Egypt. Methods: A cross-sectional study design was employed, and data were collected from a convenient sample of 800 Egyptian citizens and 26 nursing administrators and information technology personnel from 16 governmental hospitals and 10 private hospitals between January and March 2022. The Egyptian community utilization of telehealth questionnaire and the telemedicine hospital readiness assessment were used to collect the data. Results: The results revealed that 35.1% of the general Egyptian population used telehealth services and 43% expressed willingness to use them in future. As perceived by the general Egyptian population, the most prevalent barriers to telehealth utilization were communication barriers (97.6%), lack of confidence in health professionals (77.6%), technological limitations (72.5%), the need for physical examination (25%), and privacy concerns (10%). Regarding hospital readiness, 42% of governmental hospitals were not taking any initiative to implement telehealth services, and 15.4% were at the beginner level, meaning that some steps had been taken. However, the hospital was still far from being able to implement telehealth services. In contrast, private hospitals were either at the beginner or advanced level. Conclusion: Although the use of telehealth services in Egypt has increased, there is a need to address the barriers to public utilization and improve hospitals' readiness to implement telehealth services to enhance public usage. [ABSTRACT FROM AUTHOR]

This study aims to present the concept of topography as a multi-layered entity and an active given of the architectural design process. Different from the discussions on topography in architecture which reduce topography to its mere physical characteristics, this study’s theoretical framework redefines topography in figural and spatial layers and discusses how they are interpreted in the architectural design practice. To further investigate the insights in the theoretical framework, the case study method is instrumentalized via spatial analysis of the Seattle Central Library. The spatial analysis of the library involves figure ground map and public use diversity and access maps. Accordingly, the diagrammatic representation, the site plan and site section of the project are redrawn in the urban scale of 1:1000 and the building scale of 1:200. Consequently, the design of the Seattle Central Library presented hybrid spaces that are nurtured from connections to the spatial and figural layers of topography. The manipulation of the building envelope, the continuity of the ground floor line and programmatic flexibility of the library’s spaces were critical elements to integrate to the urban topography to create interstitial situations in connection to both figural and spatial layers. [ABSTRACT FROM AUTHOR]

Objective: This study aimed to assess the public's perspectives and the health institutions' readiness for telehealth utilization in Egypt. Methods: A cross-sectional study design was employed, and data were collected from a convenient sample of 800 Egyptian citizens and 26 nursing administrators and information technology personnel from 16 governmental hospitals and 10 private hospitals between January and March 2022. The Egyptian community utilization of telehealth questionnaire and the telemedicine hospital readiness assessment were used to collect the data. Results: The results revealed that 35.1% of the general Egyptian population used telehealth services and 43% expressed willingness to use them in future. As perceived by the general Egyptian population, the most prevalent barriers to telehealth utilization were communication barriers (97.6%), lack of confidence in health professionals (77.6%), technological limitations (72.5%), the need for physical examination (25%), and privacy concerns (10%). Regarding hospital readiness, 42% of governmental hospitals were not taking any initiative to implement telehealth services, and 15.4% were at the beginner level, meaning that some steps had been taken. However, the hospital was still far from being able to implement telehealth services. In contrast, private hospitals were either at the beginner or advanced level. Conclusion: Although the use of telehealth services in Egypt has increased, there is a need to address the barriers to public utilization and improve hospitals' readiness to implement telehealth services to enhance public usage.

This essay raises some reflections on the implications of protected areas in the processes of social construction related to the conception of nature, its limitations as a strategy for environmental policies (related to ecosystem connectivity and over the management of human activities linked to its functioning), and its public use (encouraging contemplative and tourist uses over productive activities). This essay focuses on some aspects of protected areas as a territorial management model, with the aim of provoking reflection on their implications to sustainable development. [ABSTRACT FROM AUTHOR]

The study "LEO 2018 - Living with Low Literacy" examines the reading and writing skills of adults aged between 18 and 64 years in Germany. It includes a literacy assessment and an extensive background questionnaire containing sociodemographic variables as well as information on literacy-related everyday practices and domain-specific basic skills (digital, financial, health-related, policy-related). The data was collected in 2018 as part of a household survey (N = 7,192). The dataset is available for secondary use at the repository of GESIS Leibniz Institute for the Social Sciences as a Public Use File and as a Scientific Use File. The dataset offers a reuse potential for different research fields like financial literacy, health literacy, political literacy, digital literacy and with three variables about vulnerability even for psychological research questions. [ABSTRACT FROM AUTHOR]

On March 21, 2022, the SEC proposed a rule that would make corporate greenhouse gas ("GHG") emissions reporting mandatory. That decision may break the impasse over whether corporate social responsibility reporting should be designed solely for the benefit of investors -- single materiality -- or for the benefit of investors and the public -- double materiality. In corporate greenhouse gas disclosure, the materiality debate pitted the double-materiality Corporate Greenhouse Gas Protocol ("GHG Protocol") against the single-materiality Sustainability Accounting Standards Board ("SASB") standards. SASB capitulated in November 2021 by joining a single-materiality alliance that accepts the GHG Protocol. The SEC's proposed rule tracks the GHG Protocol. Mandatory reporting to some version of the GHG Protocol now appears inevitable in the United States. The GHG Protocol is the dominant reporting standard, but dozens of other protocols, standards, and frameworks, including SASB's, authorize deviations. This Article presents the first comprehensive study of voluntary corporate GHG reporting. The study consists of two parts: (1) a review of the complex array of protocols, standards, and frameworks that govern voluntary GHG reporting and (2) an empirical analysis of the 2020 GHG disclosures of two hundred randomly selected S&P 500 companies. The review reveals several loopholes in the GHG Protocol, including options for converting other gases to CO2 equivalents, options for setting firm boundaries, the ability to exclude categories of emissions, and the omission of biogenic CO2 emissions from the reports. The empirical analysis, however, reveals little evidence of companies exploiting the loopholes. The empirical analysis shows an eighty-one percent reporting rate for Scope 1 and Scope 2 emissions. Public use of the GHG data will be possible only through rankings by trusted intermediaries. This Article proposes methods for ranking S&P 500 companies based on corporate GHG emissions reports. It demonstrates those methods by ranking the studied companies. [ABSTRACT FROM AUTHOR]

Abstract Among the policies for the creation of protected areas, the “Park” category is the best known worldwide. In Brazil, the national parks are important areas for the conservation of biodiversity and for ecotourism, but twenty years after the enactment of the law that regulates the National System of Protected Areas, there is no clear scenario of the National Parks’ current situation regarding the fulfillment of their legal objectives. Aiming to understand this scenario in the six main Brazilian biomes, we evaluated variables related to: level of land regularization, existence and updating of management plans, number of authorized scientific research studies, variation in the number of visitors, development of recreation activities, ecotourism, and existence of an Advisory Council. For all biomes, the results regarding the legal objectives’ attainment are negative, mostly in terms of land regularization, with the worst results being found in the Caatinga biome < 2% of the area within parks regularized. We concluded that only in specific cases the legal objectives of these protected areas are being accomplished and, therefore, if we keep the pace and the implementation and management policies of the last 20 years, the outlook is pessimistic for the conservation of Brazilian biodiversity.

When the government takes land by eminent domain, the taking must be for a public use. Courts and legislatures have adopted various approaches to the public use requirement. Many have determined that transferring taken land to a private entity for economic development or blight remediation purposes meets that requirement. But such private-transferee takings can be, and have been, used to dispossess historically disadvantaged communities of their property. These private-transferee takings create two major issues for the communities subject to them: first, after the land is taken and transferred to a private entity, the community benefit may not endure; and second, dispossessing individuals and communities of their property inhibits their self-development. This Article proposes the creation of a statutory easement for public benefit to be held by the individuals or communities whose property was taken. The easement, modeled after conservation easements, would address both issues. It would allow those who were dispossessed to oversee and enforce the property's use for the public benefit, ensuring that the public benefit endures. And it would give them an interest in the taken property, fostering self-development. [ABSTRACT FROM AUTHOR]

Background: Providing freely accessible exercise facilities may increase physical activity at a population level. An increasingly popular strategy is outdoor fitness equipment in urban parks. Few studies have evaluated the effectiveness of this intervention in smaller cities. This study examined fitness equipment use, perceived effectiveness, and ways to increase use in a city of 100,000 people in 2015. Methods: Two parks with fitness equipment and 4 without were directly observed. Interviews with 139 adults in active parks or living nearby were also conducted. Results: Only 2.7% of adult park users used the fitness equipment over 100 hours of observation across 3 seasons. In contrast, 22.3% of adults interviewed reported monthly or more use of the equipment, highlighting the limitations of self-report methods. Adults interviewed perceived the equipment as potentially beneficial and suggested strategies to increase public use, including increased advertising, the introduction of programming to teach and encourage use, improved equipment quality, and improved maintenance of the equipment and surrounding area. Conclusions: In a low density city, park fitness equipment may not be an effective public health practice without additional efforts to market, introduce programming, and maintain these sites. [ABSTRACT FROM AUTHOR]

The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when interpreting the Fifth Amendment's Takings Clause. While appropriations of any kind require just compensation to survive constitutional scrutiny, whether non-appropriative laws regulating property rights require compensation is determined on an ad hoc basis, guided by concerns of fairness and justness. In Cedar Point Nursery v. Hassid, the Court reaffirmed its prior precedent establishing the physical takings doctrine, providing that an appropriation is any government action that results in a physical invasion of an owner's real property and a taking of the owner's right to exclude. The Court also set forth multiple exceptions to the physical takings doctrine's scope for certain types of government invasions of property. The exceptions, however, are ill-defined, and the Court failed to reconcile its holding with its prior inconsistent decisions applying the doctrine. Thus, the boundary between appropriation and regulation remains murky, such that any heightened constitutional protection for appropriative actions may be purely illusory. Further, governments, courts, and property owners lack clear guidance as to what laws are unconstitutional in the absence of compensation. Takings Clause scholars almost uniformly call for the elimination of the Court's physical takings doctrine. Critics of the doctrine argue that any distinction between appropriations and regulations should be eliminated, such that all government actions short of formal acts of eminent domain should be evaluated on a case-by-case basis, with compensation only justified where the public interest is minimal or the economic hardship on the owner is great. This approach, however, would only further weaken the protection provided by the Takings Clause. The physical takings doctrine is unsound, but contrary to the dominant view in the scholarship, the Court's distinction between appropriations and regulations is not. The Court has long recognized that appropriations require compensation without regard to the public interest at play or fairness and justness concerns, as shown by nineteenth- and early twentieth-century cases overlooked or ignored by contemporary Takings Clause scholars. Rather than defining appropriations as permanent, physical invasions, however, these cases demonstrate that an appropriation occurs when the government seeks to transfer the right to use private property to a third party or the government itself without a direct relationship to the owner's ongoing use of the property. Regulation, by contrast, involves the government controlling or restricting an owner's use of property. Redefining the boundary consistent with this historical understanding would bring much-needed doctrinal clarity to takings jurisprudence and advance important normative considerations. Requiring compensation for all properly defined appropriative acts furthers multiple values including autonomy and political freedom and accounts for the interests of owners and non-owners alike. [ABSTRACT FROM AUTHOR]

With the scarcity of water resources and the development of recycled water production technology, the promotion of global recycled water use is attracting more and more attention. An increasing number of publications have examined the reuse of recycled water from different perspectives to promote the sustainable use of global water resources. The purpose of this research is to systematically and comprehensively evaluate the knowledge structure, development trends, research hotspots, and frontier predictions in the global research field of recycled water use. Based on 910 screened articles from the Web of Science Core Collection from 1990 to 2020, this paper visualizes and analyzes recycled water use from the perspectives of scientific output characteristics, research collaboration networks, highly cited articles and core journals, and keywords. The results indicate that research interest in recycled water use is on the rise. Authoritative experts, high-impact institutions, and core journals are also identified. The study shows that water resources management, public health, and public acceptance are all hot topics and frontiers of research. This study provides valuable guidance for researchers to support recycled water research directions and regulatory authorities for the interest in recycled water use. [ABSTRACT FROM AUTHOR]

The Supreme Court's ruling in Kelo v. New London (2005) justified the use of eminent domain for redevelopment takings based on the anticipated spillover benefits to the community in the form of increased taxes and new jobs. This paper asks whether this is a coherent economic rationale for allowing expropriation of residential land for private development. We show that, in the absence of a market distortion, the answer is generally no. However, when there is a pre-existing imperfection in the land and/or labor market, it is possible, though not guaranteed, that allowing eminent domain will increase social welfare. The reason, however, is not because of the increased tax revenue or employment per se, but rather because eminent domain increases industrial/commercial land use above the inefficiently low level that arises in the presence of the distortions. Thus, setting aside questions about fairness or holdouts, we show that whether using eminent domain for private takings can be justified on the basis of economic efficiency hinges on the existence of market distortions and the relative values of residential vs. industrial/commercial land in that particular market. [ABSTRACT FROM AUTHOR]

We are witnessing an explosion in the construction of wind turbine generators, cell phone towers, and television/radio broadcast towers around the United States. The statutes, rules, regulations, and police guidance addressing when and where such structures can be erected near public-use airports are complex and intricate. The Federal Aviation Administration (FAA) focuses more on subjective than objective criteria in assessing whether an obstruction to air navigation is a hazard to air navigation. To the extent the FAA conducts studies to determine whether an obstruction is a hazard, the courts are not uniform in assessing the effects of FAA studies. In California, such studies have a preemptive effect. In Iowa, they do not. This Article illuminates this complex area of the law and assists the aviation practitioner in navigating this intricate and bewildering area of the law. [ABSTRACT FROM AUTHOR]

This paper presents aspects related to tourism and night visitation in Brazilian national parks, and prospects for its development. Although aspects of night management are most frequent in urban offers, it is important to identify the proposals for night visitation in national parks, as well as to verify the possibilities in the public use of these spaces in this sort of tourism activity. Amid 72 national parks investigated, only ten perform some kind of nocturnal activity, developed as an innovative proposal for visitors. Most activities are trails, walks, and wildlife observation. However, for the consolidation of this alternative in ecotourism, the management team of these parks recognizes the need for studies to create guidelines for night visitation in protected areas, in order to offer visitors security, conservation in the area, and quality management by of the organizers.

Copyright of World Leisure Journal is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the background of how the U.S. promulgated their plan to build the dam in American Falls, follow the significant characters that were in the story, articulate the legal context and decisions giving the U.S. the ability to condemn the property of DeWitt Garrison Brown and the aftermath of a broad interpretation of public use. Topics include the condemnation of Brown's homestead, argument for the U.S., American falls and dam construction.

Along the last years we have assisted to the release of a great number of videogames set in the past as, for example, Assassin’s Creed: Origins (Ubisoft, 2017). This game offered the player the possibility to tour the city of Alexandria during the first century before Christ. My intention in this text is to develop the use of the past in the reconstruction of urban digital spaces through three video-game sagas, BioShock (Irrational Games y 2K Marin, 2007 – 2013), Uncharted (Naughty Dog, 2006 – 2017) and Assassin’s Creed (Ubisoft, 2007 – 2017). Each one of them will serve us to develop and examine the aesthetic uses of the past in the reconstruction of urban digital spaces through the proposed concepts: design, consumption and production. Irrational Games’ saga will help us to understand the first concept, the Naughty Dog one the second and the Ubisoft one the third. After these three sections we will elaborate a final section where we will build the video-game as a mass culture medium with other media of same scope and shared features.

The article discusses the history of the interpretation of public use in the Fifth Amendment to the U.S. Constitution and the government's use of eminent domain. It mentions about the U.S. Supreme Court case Kelo v . City of New London analysing use for building sports stadiums by determining how sports team owners lobby local governments to utilize eminent domain to acquire the land they need for new stadiums or arenas.

Copyright of Canadian Studies in Population is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of "public use." But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation. [ABSTRACT FROM AUTHOR]

A recent Supreme Court case, Helsin Helathcare S.A. v. Teva Pharm. VSA, Inc., and three recent Federal Circuit cases, Arthrex, Inc. v. Smith & Newphew, Inc., Grunenthal GmbH v. Alkem Labs. Ltd, and Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC will provide generic pharmaceutical manufacturers with greater clarity in devising litigation strategies. [ABSTRACT FROM AUTHOR]

One of the most important environmental impacts from tourism in protected areas is erosion and soil loss, which is related to pluviosity and to the local trail grades. In the present work we have developed a methodology using geoprocessing tools to estimate the trail grades of Tijuca National Park and we relate this information with possible impacts on soil erosion and the with difficulty classification system of the Park's trails. Our results show that the trails of Tijuca National Park have in general grades far superior to what the literature considers sustainable. Our data also showed that the trail difficulty classes, contrary to what would be expected, do not correlate with trail grades. [ABSTRACT FROM AUTHOR]

The article discusses legal issues over the use of advanced sensing technology in warrantless searches in homes by U.S. law enforcement officers. Other topics include the Constitution's Fourth Amendment provision on warrantless search, the general public use test on warrantless searches, and the case Kyllo v. U.S. as an example of a case involving the use of technology in law enforcement.

In Kramer v. City of Lake Oswego, the Oregon Supreme Court has turned what should have been a simple determination of rights of access to navigable waters from riparian lands into a confused treatise on the public trust doctrine and the unnecessary perpetuation of a public use doctrine. The court confuses the public interest and the associated police power with public rights. It erroneously attributes rights of access to waters from public lands to the navigability of those waters rather than to public ownership of riparian and submerged lands. It mistakenly grounds public rights in the use of navigable waters in state title to submerged and riparian lands, while perpetuating the mistaken concept of public ownership of state waters. It erroneously seeks to explain the public trust doctrine in terms of the law of trusts rather than as an easement or servitude on properties in submerged and riparian lands. Finally, the court embraces the implausible proposition that the rights of the people can be violated by actions taken by the representatives of the people. To its credit, the Kramer court does, at least for now, acknowledge the aquatic boundaries of the common law public trust doctrine. If on remand the trial court determines that Lake Oswego is navigable under the federal definition, the public will have a right of access to that lake. But if the trial court finds the lake nonnavigable by the federal definition, the public will have no right of access under the court's public use doctrine, just as it has no right of access to waters "navigable in a qualified or limited sense" to which that peculiar doctrine applies. If the plaintiffs prevail on remand, it will be a slender victory. [ABSTRACT FROM AUTHOR]

Eminent domain is the power of the state to expropriate privately or communally owned land subject to the meeting of the requirements of "public use" and payment of just compensation to the affected parties. Contentiously, scholars have been divided on the "public-use" doctrine of eminent domain. While some scholars argue that eminent domain is needed for socio-economic development (public interest), others stressed that the exercise of eminent domain serves only private interest. However, this debate has not been fully extended to South African mineral resource development. Therefore, the aim of this paper is to extend the theoretical and conceptual argument of "public-use" discourse of eminent domain to some mineral-rich communities in South Africa. Based on the conceptual analysis of public use discourse of eminent domain, this study developed a three-stage model of eminent domain discourse. It is expected that this model would help deconstruct the complex relationship between the four major stakeholders in the mineral resource extractive space in South Africa in order to highlight sources of conflict as well as opportunities for sustainable relationships. [ABSTRACT FROM AUTHOR]

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As is known, transportation is an indispensable part of social life. Especially, transportation systems are used directly or indirectly in order to meet social necessities. In this sense, this study, taking into account traditional street patterns, elaborates on the structure of today′s streets within the context of its relationship with areas allocated to public use. As human activity increases in urban areas, demand for transportation increases. It is possible to overcome difficulties faced in this respect by planning transportation and by developing an effective transportation system. Despite the fact that preferred areas by city dwellers change over time in line with new trends and development of shopping malls, Suriçi retains its population density and touristic value. This study aims to make a contribution to the literature on the relationship between transportation and social areas and the importance of preservation of street pattern in the city′s traditional centre.

The intervention of river channels and river banks as a result of urban phenomena such as urban expansion or natural disasters, has resulted in the transformation of landscapes and changes in the occupation of these areas. Today it is necessary to study these areas, providing methodologies that delve into the significant, perceptual relations of the inhabitants with the river banks and its ecosystems as well as their use. The fluvial landscapes and the use of the river channels have marked the identity of the city of Valdivia, in the Region de los Ríos, Chile. This article discusses the progress of an investigation that seeks to characterize these river bank spaces that suffered an abandonment of their social and public uses. We select two landscapes as case studies: The southern waterfront of Isla Teja, and the southern waterfront of Las Animas, in the city of Valdivia, Chile. The methodology integrates an analysis of observation, interviews, a study of pedestrian accessibility, an analysis of the elements of the landscape and an analysis of the ecological value of fluvial ecosystems. Results show the problems and potentialities associated with the habitability of the two case studies. Finally, the article conclu des with reflections about the relevance of a multidimensional approach to address restructuring the design of fluvial public spaces. [ABSTRACT FROM AUTHOR]

A large increase in visitation has recently been observed in Brazilian protected areas. The presence of visitors can cause changes in the environment, generating certain unwanted impacts. Therefore, the objective of this study is to assess the visitation at Caparaó National Park, map the main trails open to the public, and determine their degree of degradation. To define the most relevant trails for this study, the following criteria were used: visitation demand, impact intensity, and zoning. The elevation profile and other physical attributes of the selected trails were obtained by GPS. Erosion was established as the predominant impact, and the length of eroded stretches on each trail was evaluated. The trail to Pico da Bandeira through Casa Queimada has a greater declivity, and, although it sees fewer visitors than the trail to Pico da Bandeira through Tronqueira, it shows a higher erosion rate. This result indicates that, in certain cases, the declivity can contribute more significantly to the increase in erosion than the number of visitors. [ABSTRACT FROM AUTHOR]

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Copyright of Pasos: Revista de Turismo y Patrimonio Cultural is the property of Universidad de La Laguna, Instituto Universitario de Ciencias Politicas y Sociales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)