The Endangered Species Act and Claims of Property Rights “Takings
Description
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.
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Description
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.
This report is part of the following collection of related materials.
Congressional Research Service Reports
The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.
Meltz, Robert.The Endangered Species Act and Claims of Property Rights “Takings,
report,
January 14, 2008;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metadc93965/:
accessed April 25, 2024),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.