ENV · S02Principles and Doctrines: Public TrustAsked in 3 of 7 papers (Dec ’22, Dec ’23, Jan ’25)
To protect a fragile public wetland during nesting season, a State restricts entry temporarily but retains the wetland for public benefit. A visitor argues that public trust requires unrestricted access at all times. Which is the better response?
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Why
Pro
AThe State can justify the restriction only by proving it earns more revenue
BAny restriction necessarily converts the wetland into private property
CReasonable protective restrictions can be consistent with public trusteeship
DPublic trust applies only after commercial development is approved
Rule
Exam trap
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