Questioning the rule of capture metaphor for nineteenth century public land law: a look at R.S. 2477.(The Rule of Capture and Its Consequences)

Environmental Law | September 22, 2005| | Copyright 
 
I.   INTRODUCTION 
 
II.  WAS THE NINETEENTH CENTURY REALLY THE CENTURY OF CAPTURE? 
 
III. ROADS ON THE PUBLIC LANDS 
     A. Federal Support of Road Building and Rights-of-Way on the 
        Public 
        Lands 
     B. Roads and the Environment. 
     C. The Benefits of Road Building 
 
IV.  UNTANGLING R.S. 2477 
     A. R.S. 2477: Federal or State Law? 
        1. Pre-FLPMA Interpretation of R.S. 2477 
        2. The Carter Years 
        3. The Reagan Years 
        4. The Clinton Years 
        5. The Bush Years 
     B. R.S. 2477.'A Rule of Capture?. 
 
V. CONCLUSION 
 
VI. ...

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