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public ownership, legislation and permits, financial inducements, 

 zoning, planning, and public education, A discussion of these cate- 

 gories follows. 



OWNERSHIP AND ACQUISITION 



The most effective technique for conservation of estuaries is public 

 acquisition and ownership. Although costly. Government purchase 

 of private land by negotiation (or if necessary through the power of 

 eminent domain) is the best guarantee against estuarine despolia- 

 tion. The most common form of such an open-space program is out- 

 right purchase ; other variations include advance acquisition and excess 

 condemnation. Advance acquisition is a reserved land technique by 

 which the Government purchases "land banks" before they are actu- 

 ally required for planned public projects in order to avoid price rises. 

 Excess condemnation, for conservation purposes, involves the acqui- 

 sition of land buffers, to maximize public access and enjoyment, near 

 public facilities (such as small parks along highways) or schools, or 

 between airports and residential areas. 



In addition to ownership, public control may be acquired through 

 leasing and purchasing development rights. The Government can ar- 

 range to purchase land and lease or sell it back, restricting its use (to 

 farming or timber, for example) to preserve its open space. The Ten- 

 nessee Valley Authority also uses a land covenant with restrictive pro- 

 visions in it, such as prohibiting water pollution, in order to control 

 land use (V-3-2). Additionally, the Government can purchase partial 

 rights such as scenic, conservation, or natural resource easements. In 

 this way, those who will not be able to sell their land for profit can 

 be compensated. Such Government contracts with private owners, 

 however, usually do not provide for public access. 



Outside funding sources can be utilized by local governments for 

 ownership and acquisition. Federal Government revenues can be used 

 to purchase land for seashore, parks, and wildlife refuges. The land 

 and water conservation fund (Department of the Interior) (V-3-3) 

 and the open space land fund (Department of Housing and Urban 

 Development) are especially suitable for estuarine preservation 

 (V-3^). State aid to localities, as exemplified by the New Jersey 

 Green Acres bond issue, can be used for the purchase of marshlands. 

 Finally, private sources often can be helpful, particularly such con- 

 servation organizations as the Audubon Society, Izaak Walton League, 

 Nature Conservancy, and World Wildlife Fund, which have programs 

 that use private funds and gifts. Further, tax-exempt private trusts 

 have been established to maintain coastal parks and recreational areas, 

 as well as golf and country clubs and private hunting preserves ; such 

 uses help protect estuaries. Despite these sources, however, lof^al gov- 

 ernments are still hard-pressed to find sufficient funds for acquisition. 



LEGISLATION AND PERMITS 



Legislation, ordinances, and permits have had varying degrees of 

 success in regulating estuarine development. Laws jorohibiting certain 

 uses, such as disposal of untreated wastes, refuse, dredged spoils, 

 pesticides, and other hazardous materials are common. Uses are also 



