•  
  •  
 

Abstract

In July 2016, residents of Timberon, a small town located on the edge of Lincoln National Forest in Otero County, New Mexico, returned home to find their houses reduced to ashes. They were victims of a forest fire that had quickly spread due to the dry, arid conditions in Otero County. Unfortunately, such scenes are all too common. Wildfires burning throughout the country have become a growing national concern. Time and time again people are forced to evacuate their homes because forest fires, fueled by dry undergrowth, have burned their communities. When a community is faced with such dangers it must protect itself. This same rationale motivated the Board of County Commissioners of the County of Otero to take preemptive measures to thin and clear dangerous dry undergrowth that posed a serious conflagratory threat of causing the same destruction residents of Timberon experienced. Otero County’s protective measures, however, were halted by the Federal Government, who used authority granted to it by the Property Clause of the Federal Constitution to assert complete authority over National Forest land in Otero County.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.