RIVER RECREATION: PUBLIC ACCESS VS. RIPARIAN RIGHTS1

ABSTRACT: The issues involved in the conflict between the rights of the public and those of riparian landowners are examined by reviewing the public access situation with regard to inland streams in the State of Virginia. Consideration is given to the legal framework defining access rights and to the attitudes of riparian landowners regarding the access question. Existing provisions of law suggest only limited recognition of public rights, but this law is incompletely developed. A considerably broader concept of public rights could be developed within the existing framework due to the existence of unresolved questions. The analysis of landowner attitudes is based on a survey of a sample of riparian owners chosen from throughout the state. The questionnaire used in the survey contained 123 questions in a variety of areas, including landowners' perceptions of public rights, problems encountered as the result of recreational water use, attitudes toward state designation and protection of scenic rivers, and the acceptability of alternatives for increasing public access. Although the survey results indicate substantial acceptance of the concept of public use, the landowners expressed concern over governmental control of land use and did not indicate a generally acceptable means for increasing public use.     

A Case Study of Landholder Attitudes and Behaviour Toward the Conservation of Renosterveld,a Critically Endangered Vegetation Type in Cape Floral Kingdom,South Africa

The attitudes and behaviours of private landholders toward the conservation of a highly transformed and critically endangered habitat, Overberg Coastal Renosterveld (OCR) (a grassy shrubland of the Cape Floral Region, South Africa) are described. Personal, semistructured interviews were conducted with landholders, representing 40 properties in the Overberg region, on topics such as management and utilisation of OCR, the depth of their knowledge of its conservation importance, what they perceive its value to be, and the extent of their willingness to conserve it. General attitudes toward conservation incentives and provincial conservation authorities were also investigated. Farmers more willing to conserve were younger, did not necessarily have a better education, and owned larger farms (>500 ha) with a greater amount of remnant renosterveld (>300 ha) than those less willing to conserve. Attitudes toward the OCR were largely negative, related to associated problem plants and animals and the fact that it is believed not to be economically advantageous to retain it. However, farmers are of the opinion that provision of incentives and increased extension support will provide practical positive inducements for conservation. Landholder education is paramount to prevent further transformation of critically endangered habitats. The success of private-conservation programs depends on the attitudes of landowners toward (1) the particular habitat or species to be conserved (which can vary depending on the type of land use practised and the associated benefits and disadvantages of that habitat type); (2) the conservation agency or extension officers responsible for that area; and (3) willingness of landowners to participate in a conservation program, which is influenced by landowner age, farm size, and the amount of natural habitat left to conserve.     

PROBLEMS OF PUBLIC ACCESS TO WATER IN TEXAS LAKES AND STREAMS1

ABSTRACT: Rapidly increasing demand for recreational use of Texas' public waters is resulting in growing conflict between riparian landowners and the public. This paper examines the public access question, certainly one of the most poorly defined and understood areas of Texas water and property law. Since the appropriation acts of the late 1800's, most surface waters are owned by the state, and are held in trust for the benefit of the people. While there is no express statutory authority giving the general public the right to use these waters, there is extensive, if often conflicting, case law recognizing such rights on navigable streams. It is equally well established that the public may not gain access by crossing private property. Definition of public and private rights is complicated by the fact that Texas land grants (with their attendant property rights) have emanated from Spain, Mexico, the Republic of Texas, and the state. Obstacles imposed by riparian landowners to public entry, use and passage, as well as spatial aspects of access, are also considered. Because public access rights are based on the peculiar circumstances of each case, it is difficult to establish general legal principles, and there is almost no reliable information to aid the recreation-seeking public. A clear legislative enunciation of public rights appears politically infeasible at present, the most immediately attainable goal lying in the area of better public education.     

Modeling rural landowners' hunter access policies in East Texas,USA

Private landowners in East Texas, USA, were aggregated into one of four policy categories according to the degree of access allowed to their lands for hunting. Based on these categories, a logistic regression model of possible determinants of access policy was developed and probabilities of policy adoption were calculated. Overwhelmingly, attitudes toward hunting as a sport, incentives, and control over the actions of hunters were most predictive of landowners' policies. Additionally, the availability of deer was found to be negatively correlated with access, thereby suggesting management efforts to increase deer populations may be counter to increasing access. Further, probabilities derived from the model indicated that there was almost a 7 in 10 chance (0.66) that landowners would adopt policies commensurate with allowing family and personal acquaintances to hunt on their property. However, the probability of increasing access beyond this level, where access was provided for the general public, dropped off drastically to less than 5% (0.04).     

Perceived (In)justice of Public Land Acquisition

Many studies have addressed the justice of public land acquisition, but few studies have addressed the question of what landowners perceive as just. Individual perceptions drive an important part of the social and scientific debates on legitimate and just land acquisition. This article addresses this gap by studying landowners’ and land purchasers’ perceptions of just land acquisition. We did this by uncovering the prevailing discourse on just land acquisition and studying the values that shaped people’s perceptions of just land acquisition. The results showed that perceptions of justice are based on the values of lawfulness, decentness and equality. These values were translated into different norms that resulted in expectations pertaining to just land acquisition. Insight into the different perceptions and the prevailing discourse of just land acquisition and their underlying values increases the understanding of land acquisition processes and land policy strategies. First, it becomes apparent that land acquisition has an essential element of injustice that cannot be avoided by a good process or a just compensation fee. Second, insight in different discourses provides valuable input for debates on just land acquisition. Third, such insight shows that money is not always a sufficient means of indemnification. The combination of sufficient financial compensation, the opportunity of a new location, attractive selling conditions and accurate and open process are all important requisites to ensure that public land acquisition is perceived by the majority of landowners as just.     

Tasmanian landowner preferences for conservation incentive programs: a latent class approach

An empirical model of landowners' conservation incentive program choice is developed in which information about landowners' socio-economic and property characteristics and their attitudes, is combined with incentive program attributes. In a Choice survey landowners were presented with the choice of two incentive programs modelled as 'bundles of attributes' mimicking a voluntary choice scenario. Landowner behaviour and decision and the type of conditions and regulations they preferred were analyzed. Based on choice survey data, landowner heterogeneity was accounted for using a latent class approach to estimate the preference parameters. Three latent classes of landowners with different attitudes to the role and outcome of establishing conservation reserves on private land were identified: multi-objective owners; environment owners; and production owners. Only a small proportion of landowners, mostly environment owners, would voluntarily join a program. Although compensation funding contributed to voluntary program choice for multi-objective owners and environment owners, welfare losses were around 4000 AUD per hectare, which is less than the average agricultural land value in Tasmania. Landowners for whom compensation funding contributed to voluntary program choice were also most likely to set aside land for conservation without payment. This raises the possibility that the government's compensation expenditure could potentially be either reduced or re-allocated to landowners who will not voluntarily take conservation action. Increasing participation in conservation incentive programs and minimizing the welfare losses associated with meeting conservation targets may be best achieved by offering programs that allow flexibility in terms of legal arrangements and other program attributes.     

A factor analytic study of attitudinal structure and its impact on rural landowners' access policies

Previous research has shown that rural landowners' hunter access policies are determined in large part by their attitudes towards hunters, legal liability, conservation, and economic incentives. The results of this study support this research and indicate that East Texas, USA, landowners' decisions to allow or restrict access are based, in part, on attitudes toward hunter behavior, hunting as a social activity, leasing as a management practice, and a perceived obligation toward wildlife stewardship. Attitude-based profiles of landowners who adopted one of four access policies are compared.     

The geography of conflict between elk and agricultural values in the Cypress Hills, Canada

Complex ecological issues like depredation and its management are determined by multiple factors acting at more than one scale and are interlinked with complex human social and economic behaviour. Depredation by wild herbivores can be a major obstacle to agricultural community support for wildlife conservation. For three decades, crop and fence damage, competition with livestock for native rangeland and tame pasture, and depredation of stored feed by elk (Cervus elaphus canadensis) have been the cause of conflict with agricultural producers in the Cypress Hills, Alberta and Saskatchewan. Tolerance of elk presence on private lands is low because few benefits accrue to private landowners; rather they largely perceive elk as a public resource produced at their expense. Government management actions have focused on abatement inputs (e.g., population reduction; fencing) and compensation, but incentives to alter land use patterns (crop choice and location) in response to damages have not been considered. Nor has there been information on spatial structure of the elk population that would allow targeted management actions instead of attempting to manage the entire population. In this study we analysed the spatial structure of the Cypress Hills elk population, the distribution of the elk harvest in relation to agricultural conflicts, developed models of the spatial patterns of conflict fields, and evaluated compensation patterns for damage by wild herbivores. We propose modifications to current abatement and compensation programs and discuss alternative approaches involving changes to agricultural land use patterns that may reduce the intensity of conflicts with elk, and increase the acceptance capacity of landowners.     

The costs to farmers and estate owners of public access to the countryside

This paper considers the external costs of public access on privately‐owned farm and estate land in Scotland. The increased costs and reductions in income associated with public access are found to be highly variable and site‐specific, with the main effects on land in areas of high population density or high scenic quality, or with recreational attributes. Although costs were on average higher for estates, reflecting their larger area and recreational potential, on a per‐hectare basis the costs of access were greater for the farm sector. Whilst much of the public access exists through de facto rights on open‐access land, there was evidence for an increasing commercialization of open‐air recreation, particularly with respect to more specialized activities. The discussion considers the extent to which the costs of access for land managers are reflected in policies determining the public provision of countryside access.     

Effects of landscape protection on farm management and farmers' income in Norway

Protected Landscapes (PLs) are increasingly used in Norway to conserve cultural (human modified) landscapes. In many cases the maintenance of agricultural activities in PLs is required to preserve landscape character. Whilst research exists on land conservation policies in general, the particular effects of PL on management and adjustment of the farms involved have not received attention in the literature. We present results from a questionnaire sent to owners of agricultural land within PLs in Norway. Whilst landowners were divided upon the effects of PLs on farm management, the economic situation of the farm was little affected. Furthermore, changes in farm management after the establishment of a PL did not seem to have been driven by the establishment of the PLs per se. Most importantly, farm management changes were related to potential options to develop the farm and its land. A statistical model showed that PL-farms did not differ significantly from farms outside PL in the development of their land use or animal husbandry. Our findings thus indicate that the establishment of PL played a minor role as a driving force of changes in farm management and farm income.     

Opportunities for landowner participation in local planning

Much has been written on public participation in local planning but very little on the involvement of landowners. This is despite the clear financial motives which encourage many landowners to participate in the local planning process. The paper demonstrates how in one case in West Yorkshire, an important historic landowner was able to exert a substantial influence on the pattern of land use allocations in an adopted local plan. Although the particular characteristics of the case study may not be found elsewhere, it helps to identify how more substantial research in this often neglected area might proceed.     

检察院参与生态环境损害赔偿磋商的空间与角色选择

生态环境损害赔偿磋商从试点到全国推行,其地位愈加重要。当前,对于生态环境损害赔偿磋商的性质有颇多争议,其性质决定了是否需要第三力以及需要何种第三力,而在公法说、私法说、双阶构造说、三阶进阶说之上构建的生态环境损害赔偿磋商虽不相同,但建立磋商监督制度与磋商共同参与制度是其共同指向的完善路径,即检察院可作为第三力监督、参与磋商全过程。横向比较各省份对于检察院参与生态环境损害赔偿磋商的立法规定,总体看来检察院在此制度中地位不明、存在边缘化倾向,而实践中检察院具有协调跨区域磋商与促进赔偿义务之履行的作用,且生态环境损害赔偿磋商法律体系为检察院的监督与参与预留了空间,检察院可以法律监督者、公益代表者、社会治理者的身份参与,三种角色在不同阶段相互补充。     

Farmers' Motivations for Adopting Conservation Practices along Riparian Zones in a Mid-western Agricultural Watershed

In the agricultural Mid-west, riparian corridors are vital for protecting biodiversity and water quality. The cumulative management decisions of hundreds of private landowners have a tremendous impact on this riparian zone. This study of 268 farmers in a typical Mid-western watershed in Michigan looked at farmer's motivations for adopting conservation practices, their current management practices along their rivers and drains as well as their future management plans. The results of the study showed that farmers are intrinsically motivated to practise conservation by such factors as their attachment to their land, rather than by motivations such as receiving economic compensation. Farmers are also likely to engage in conservation practices that make their farm appear well-managed. Furthermore, those farmers with strong intrinsic motivations were likely to adopt conservation practices that protect streams, such as maintaining a woody vegetative buffer or practicing no-till farming. This study shows that protecting riparian resources in agricultural watersheds requires strategies for conservation that respect farmers' attachment to their land and their desire to practise good stewardship.     

Supporting Diverse Data Providers in the Open Water Data Initiative: Communicating Water Data Quality and Fitness of Use

Shared, trusted, timely data are essential elements for the cooperation needed to optimize economic, ecologic, and public safety concerns related to water. The Open Water Data Initiative (OWDI) will provide a fully scalable platform that can support a wide variety of data from many diverse providers. Many of these will be larger, well‐established, and trusted agencies with a history of providing well‐documented, standardized, and archive‐ready products. However, some potential partners may be smaller, distributed, and relatively unknown or untested as data providers. The data these partners will provide are valuable and can be used to fill in many data gaps, but can also be variable in quality or supplied in nonstandardized formats. They may also reflect the smaller partners' variable budgets and missions, be intermittent, or of unknown provenance. A challenge for the OWDI will be to convey the quality and the contextual “fitness” of data from providers other than the most trusted brands. This article reviews past and current methods for documenting data quality. Three case studies are provided that describe processes and pathways for effective data‐sharing and publication initiatives. They also illustrate how partners may work together to find a metadata reporting threshold that encourages participation while maintaining high data integrity. And lastly, potential governance is proposed that may assist smaller partners with short‐ and long‐term participation in the OWDI.     

Using Public Participation Geographic Information Systems to Identify Places of Watershed Service Provisioning

In this study, we used public participation geographic information systems methods to collect spatial data identifying places that stakeholders in Mobile Bay, Alabama think are important providers of watershed services. These methods allowed us to spatially analyze participatory data from general public respondents and directly compare them with other scientific data in a geographic information systems database. This study identified which places in the region participants believe are important providers of specific watershed services, including fish nurseries, storm protection, flood protection, and water quality protection, which would likely have public support for conservation. Additionally, we assessed the accuracy of participant watershed service identification using land cover data to identify inconsistencies and participant knowledge gaps. This information can be used to target outreach education efforts. We found that the accuracy with which participants correctly identified places with the necessary land cover to provide each service varied considerably. We believe this to be a useful tool for managers to elicit stakeholder input and to identify knowledge gaps regarding the provisioning of watershed services.     

Assessing Landowner Activities Related to Birds Across Rural-to-Urban Landscapes

Fluctuations of bird abundances in the Midwest region of the United States have been attributed to such factors as landscape change, habitat fragmentation, depredation, and supplemental feeding. However, no attempt has been made to estimate the collective role of landowner activities that may influence birds across a landscape. To investigate how landowners might influence birds when the majority (> 90%) of land is privately owned, we surveyed all 1694 private domestic landowners living on three breeding bird survey routes (120 km) that represent a continuum of rural-to-urban landscapes in Southeastern Michigan from October through December 2000. Our survey was designed to investigate (1) the proportion of landowners involved in bird feeding, providing bird houses, planting or maintaining vegetation for birds, gardening, landscaping, applying fertilizer, and applying pesticides or herbicides; (2) whether differences existed between urban, suburban, and rural landowner activities; and (3) whether landowners that carried out a given activity were sociodemographically different from those who did not. Of the 968 respondents (58.5% response rate), 912 (94%) carried out at least one of the activities on their land and the average landowner carried out 3.7 activities. A total of 65.6% fed birds, 45.7% provided bird houses, 54.6% planted or maintained vegetation for birds, 72.7% gardened, 72.3% landscaped, 49.3% applied fertilizer, and 25.2% applied pesticides or herbicides. Significant differences existed between the landscapes, with rural landowners having more bird houses and applying pesticides or herbicides in greater frequency. Similarly, urban landowners had a greater density of bird feeders and houses, but planted or maintained vegetation in the lowest frequency. Participation in activities varied by demographic factors, such as age, gender, and occupation. Scaling each activity to all landowners, including nonrespondents, across all landscapes indicates that between 14% and 82% of landowners may be engaged in a particular activity, with application of pesticides or herbicides having the least potential involvement (13.9%–55.4%) and gardening having the greatest potential involvement (40.1%–81.6%). Taken collectively, our results indicate that landowners are both intentionally and unintentionally engaged in a wide range of activities that are likely to influence bird populations.     

畜牧业清洁生产的生态服务价值评估及补偿模式研究——以山东省规模养猪场为例

本文运用市场价值法、有效成本法、避免成本法,以山东省为例对规模养猪场清洁生产生态服务价值进行了评估,并探讨了清洁生产生态服务价值的补偿模式。结果表明:山东省规模养猪场清洁生产生态服务总价值为140.804亿元,其价值构成为绿色产品供给价值(84.22%)>气体调节价值(10.66%)>资源化利用价值(2.23%)>水质保护价值(1.96%)>土壤保护价值(0.92%)>水源节约价值(0.01%),说明清洁生产带来的尚未被养殖主体、政府和公众重视的生态服务价值巨大,同时也说明清洁生产具有极强的正外部性。为实现清洁生产生态服务价值,构建了政府补偿、市场化补偿和社会补偿协同作用的多元化生态补偿模式,其中政府补偿模式以资金补偿、政策补偿、技术补偿和智力补偿为主,市场化补偿模式主要表现为排污权交易和生态标记,社会补偿模式以自力补偿为主、相关企业参与为辅。     

A LAW AND ECONOMICS APPROACH TO RESOLVING RESERVOIR SEDIMENT MANAGEMENT CONFLICTS1

The loss of the world's reservoir capacity to sedimentation can be mitigated by altering dam operations to release sediment downstream. However, legal uncertainty regarding whether dam owners are liable for damages to surrounding landowners due to altered operations provides a significant disincentive for sustainable sediment management. Past work recommends that courts apply a “rule of reasonableness” in assessing liability: dam owners should be held liable for damages only if they act unreasonably in altering operations, and surrounding landowners should take reasonable measures to mitigate foreseeable damage. Based on past cases, judicial determinations of reasonable reservoir management and reasonable precautionary measures by landowners are generally highly speculative, controversial, and based on limited information. Courts can ease the future burden of making these difficult determinations with rulings that create economic incentives for parties to act reasonably. For example, courts might entitle landowners to be free from sediment related damages, and protect the entitlement with a liability rule. This gives dam owners an economic incentive to release sediment only if the benefits of doing so outweigh court ordered damages to landowners. Past judicial decisions are largely consistent with this legal regime.     

The Value of Footpath Provision in the Countryside: A Case-study of Public Access to Urban-fringe Woodland

This paper presents a case-study of valuation of public access to a woodland site owned by The Crown Estate in Windsor Forest. It supports the view that contingent valuation is an appropriate technique to use for assessing recreational benefits in the countryside and that consistent and useful results can be obtained. The study found that the recreational benefits far outweighed the costs of access provision, thus giving reassurance to the providers that their efforts are worthwhile.     

Risk of public disclosure in environmental farm plan programs: Characteristics and mitigating legal and policy strategies

Although various studies have shown that farmers believe there is the need for a producer-led initiative to address the environmental problems from agriculture, farmers in several Canadian provinces have been reluctant to widely participate in Environmental Farm Plan (EFP) programs. Few studies have examined the key issues associated with adopting EFP programs based on farmers’, as opposed to policy makers’, perspectives on why producers are reluctant to participate in the program. A study adapting Van Raaij’s (1981) conceptual model of the decision-making environment of the firm, and prospect theory on value functions associated with the gains and losses from risky choices can be used to characterize how farmers perceive potential risks in environmental farm planning. This framework can be used to assert that farmers are concerned about risks of public disclosure of potentially incriminating environmental information from farms because the EFP program requirements for identification and extensive documentation of farm information is perceived by farmers as facilitating the accessibility of environmental information to the public, and public investigative efforts. Although the EFP program does not explicitly generate information about the environmental conditions of a farm nor the disclosure of such information to the public, it creates the possibility of generating and divulging potentially incriminating information that the farmer may want to treat as confidential. Yet, alone, these risks of public disclosure concerns should not prevent farmers from participating in the EFP. Awareness of and participation in environmental farm planning can be increased if farmers and policy makers understand what the risks are, and how they arise. Aspects of the EFP process that have the potential to generate risk of public disclosure concerns relate to farm reviews, documentation and record keeping, and corrective action plans. There are legal and policy instruments that can offer various forms of protection and help minimize such risks, and these need to be assessed.