| Description: | 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. |
|---|---|
| Creator(s): | |
| Creation Date: | October 14, 2005 |
| Partner(s): |
UNT Libraries Government Documents Department
|
| Collection(s): |
Congressional Research Service Reports
|
| Usage: |
Total Uses: 29
Past 30 days: 0
Yesterday: 0
|
| Creator (Author): |
|
|
|---|---|---|
| Creator (Author): | ||
| Publisher Info: |
Publisher Name: Congressional Research Service, Library of Congress
Place of Publication: Washington D.C., USA
|
|
| Original Creation Date: | October 14, 2005 | |
| Description: | 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. |
|
| Physical Description: |
23 pages. |
|
| Language(s): | ||
| Subject(s): |
|
|
| Partner: |
UNT Libraries Government Documents Department
|
|
| Collection: |
Congressional Research Service Reports
|
|
| Identifier: |
|
|
| Resource Type: | Text | |
| Format: | Text | |
