Volume 53 Issue 4
Black Mountain overview: The resolution of the lands unsuitable petition from legal and technical perspectives
, 2001, Vol. 53, No. 4, pp. 20-25
Zaluski, J.J.; Rajkovich, M.M.; Gardner, S.; Adams, L.
The process for a Lands Unsuitable designation is simple to initiate. It can result in substantial damages to property rights and is extraordinarily expensive to defend. The process, essentially, involves a “town hall” legislative-type hearing for which there is no way to determine what will be presented as evidence beforehand. Obviously, the defense in opposition to a Lands Unsuitable designation involves a tremendous amount of anticipatory determination of what the evidence will be, which in turn necessitates a very highly technical and costly presentation of evidence in rebuttal.
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