1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

GreatLakes Bulletin

Spring 1997 • Volume 2, Number 2

The purpose of the Great Lakes Bulletin is to offer in-depth reporting and reasoned analysis about land use issues affecting northern Michigan, and to provide information and inspiration for citizens to become more involved in designing their own communities. The Great Lakes Bulletin is published quarterly by the Michigan Land Use Institute, an independent, non-profit educational and policy research organization. The Institute's goal is to help foster a new approach to economic development that respects the land, the communities that inhabit the land, and the inherent process of change.

Property Rights & the Search for Justice Time to Apply Fairness Standard... 3 A Distressing Agenda Gains in Michigan... 6, 7 What is a 'Taking'?... 7 Property Rights Hot Spots... 8 Creation of a Dangerous Precedent in Nordhouse Dunes... 9 EPA Investigates Loss of Wetlands... 10 The Importance of Wetlands... 11 Influential Property Rights Groups... 12 Natural Rivers Under Attack... 13 Citizens' Rights in the Oil & Gas Fields

The Michigan Land Use Institute began as the Manistee County Land Use Coalition, to address the pace and scale of Antrim Shale natural gas development in rural northern Michigan. MCLUC now is a project of the Institute. The acronym is pronounced 'muk-luk,' as in the soft-soled moccasin that steps lightly and respectfully on the earth. With this issue, the MCLUC Reporteris incorporated into the Great Lakes Bulletinas an ongoing special section on oil and gas drilling.

STAFF KEITH SCHNEIDER Executive Director HANS VOSS Associate Director FLORENCE SCHNEIDER Editor AMY S. KINNEY Director of Development & Member Services LECLAIR STOLTMANN Publications Coordinator FRAN RAUTH Office Assistant BOARD OF DIRECTORS ARLIN S. WASSERMAN President GARY W.APPEL Vice President KEITH SCHNEIDER Secretary RICHARD J. HITCHINGHAM Treasurer R. T. CURRAN PRESTON V. DILTS JR., M.D. THE REV.TELFER MOOK DEBORAH J. ROHE VIRGINIA M. SORENSON BOB SUTHERLAND GENERAL COUNSEL JAMES M. OLSON JOHN D. NOONAN Copyright © 1997 Michigan Land Use Institute P.O. Box 228 845 Michigan Avenue, Benzonia, MI 49616 Tel: 616/882-4723 * Fax: 616/882-7350 mlui@traverse.com Cover art: Glenn Wolff http://www.glennwolff.com

State Could Force Property Owners to Allow Drilling... 14 Threats and Intimidation: This is Called 'Negotiation'?... 15 • What the Law Says... 15 U.S. Senator SeeksInvestigation of Accidents... 16 Developer Files for Permit toDrill in Jordan Valley... 17 Should Taxpayers Bail Out A Risky Investment?... 18 Coalition Seeks Oil & Gas Planning... 19

Departments

Community Design • New Urbanist Town for Old Mission... 4 • $3 Billion Taxpayer Savings... 5 Institute Updates • Two New Directors Join Board... 20 • Institute Names Publications Coordinator... 20 Regional Projects • Benzie May Get Spectacular Public Park... 21 • New Land Use Plan for Manistee County... 21 • H2S Committee Becomes Institute Project... 22 • Garfield Twp. Voluntary Watershed Protection Program... 22 • New Project Responds to Property Rights Agenda... 22 Membership Page... 23 Bulletin Board... 24 Publication of the Great Lakes Bulletin is supported by grants from The Seabury Foundation, the Michigan Environmental Council, and the Alpern Foundation. Unless otherwise noted, arti- cles and photographs are by Keith Schneider, Hans Voss, Florence Schneider, and/or LeClair Stoltmann. House sketches in the Community Design section are by Duany Plater-Zyberk & Company. Graphic design is by Lisa Wilkins Schulte. Opinions: Signed articles and letters represent the positions of the authors and not necessarily those of the Michigan Land Use Institute. Membership:Basic membership in the Michigan Land Use Institute is $25 per year. Membership options also are available for low-income households.A subscription to the Great Lakes Bulletinis included as a benefit of membership.Articles & Letters: Submissions are welcome, and may be edited due to space limitations. Reprints:All rights reserved. Please contact the Michigan Land Use Institute for permission to reprint or otherwise distribute articles, in full or in part, from this magazine.