The Endangered Species Act and Claims of Property Rights "Takings"
Title | The Endangered Species Act and Claims of Property Rights "Takings" PDF eBook |
Author | Robert Meltz |
Publisher | |
Pages | |
Release | 2003 |
Genre | |
ISBN |
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
The Endangered Species Act (ESA) and Claims of Property Rights "takings"
Title | The Endangered Species Act (ESA) and Claims of Property Rights "takings" PDF eBook |
Author | Robert Meltz |
Publisher | |
Pages | 19 |
Release | 2008 |
Genre | Eminent domain |
ISBN |
This report discusses Endangered Species Act (ESA) that has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, then surveys the major ESA-relevant principles of Fifth Amendment takings law, and finally discusses the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment
The Endangered Species Act and Claims of Property Rights "takings"
Title | The Endangered Species Act and Claims of Property Rights "takings" PDF eBook |
Author | Robert Meltz |
Publisher | |
Pages | 20 |
Release | 2005 |
Genre | Eminent domain |
ISBN |
The Endangered Species Act and Claims of Property Rights "Takings".
Title | The Endangered Species Act and Claims of Property Rights "Takings". PDF eBook |
Author | |
Publisher | |
Pages | 0 |
Release | 2005 |
Genre | |
ISBN |
The federal Endangered Species Act (ESA) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species. To date, only one of the 14 ESA-based takings decisions revealed by research has found a taking.
Endangered Species Act (ESA) and Claims of Property Rights Takings
Title | Endangered Species Act (ESA) and Claims of Property Rights Takings PDF eBook |
Author | Robert Meltz |
Publisher | |
Pages | 23 |
Release | 2013-02-08 |
Genre | Law |
ISBN | 9781457842863 |
The Endangered Species Act (ESA) and Claims of Property Rights "takings"
Title | The Endangered Species Act (ESA) and Claims of Property Rights "takings" PDF eBook |
Author | Robert Meltz |
Publisher | |
Pages | 19 |
Release | 2009 |
Genre | Eminent domain |
ISBN |
Crs Report for Congress
Title | Crs Report for Congress PDF eBook |
Author | Congressional Research Service: The Libr |
Publisher | BiblioGov |
Pages | 26 |
Release | 2013-11 |
Genre | |
ISBN | 9781293253885 |
The federal Endangered Species Act (ESA) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of species acquired prior to listing as endangered or threatened. To date, only one of the 12 ESA-based takings decisions revealed by research has found a taking.