Federal mandates versus private property
Document Type: Conference Paper
Author(s): W. A. Flick
Editor(s): D. C. Bryan
Publication Year: 1997

Cataloging Information

  • burning permits
  • liability
  • natural resource legislation
  • smoke management
Record Maintained By:
Record Last Modified: June 1, 2018
FRAMES Record Number: 36140
Tall Timbers Record Number: 10486
TTRS Location Status: In-file
TTRS Abstract Status: Okay, Fair use, Reproduced by permission

This bibliographic record was either created or modified by the Tall Timbers Research Station and Land Conservancy and is provided without charge to promote research and education in Fire Ecology. The E.V. Komarek Fire Ecology Database is the intellectual property of the Tall Timbers Research Station and Land Conservancy.


There is new constitutional law affecting the govemment's ability to regulate private property. That law applies in circumstances where regulation eliminates all economically beneficial use of property or attaches unreasonable conditions to permits for regulated activity. This law is unlikely to affect prescribed burning. Most state burning permitting programs pass these constitutional tests. The continuing problem for private landowners using prescribed fire is potential liability in tort for injuries to others or their property.

Flick, W. A. 1997. Federal mandates versus private property, in Bryan, D. C., Proceedings of the environmental regulation & prescribed fire conference: legal and social challenges. Tampa, FL. Center for Professional Development, Florida State University,Tallahassee, FL. p. 195-200,