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 Collection: Congressional Research Service Reports
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Date: May 20, 2008
Creator: Meltz, Robert
Description: Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: March 9, 2005
Creator: Meltz, Robert
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.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: October 14, 2005
Creator: Meltz, Robert
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.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings": A Summary of  the Court Decisions

The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions

Date: March 10, 2003
Creator: Meltz, Robert
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.
Contributing Partner: UNT Libraries Government Documents Department
Federal Grazing Regulations: Public Lands Council v. Babbitt

Federal Grazing Regulations: Public Lands Council v. Babbitt

Date: February 1, 2000
Creator: Baldwin, Pamela
Description: This report discusses new regulations on livestock grazing on lands managed by the Bureau of Land Management became effective August 21, 1995. Many aspects of the new regulations were challenged in Public Lands Council v. Babbitt. A federal district court upheld many of the regulations, but struck down four of them and enjoined their implementation. At the appellate level, only the new regulation allowing conservation use to the exclusion of livestock grazing for the full term of a permit was held invalid. The Supreme Court has agreed to hear the case and argument has been set for March 1, 2000.
Contributing Partner: UNT Libraries Government Documents Department
Federal Land and Resource Management: A Primer

Federal Land and Resource Management: A Primer

Date: December 22, 1998
Creator: Gorte, Ross W
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management Agencies: Background on Land and Resource Management

Federal Land Management Agencies: Background on Land and Resource Management

Date: February 27, 2001
Creator: Hardy-Vincent, Carol; Cody, Betsy A; Corn, M. Lynne; Gorte, Ross W; Johnson, Sandra L; Whiteman, David et al.
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management Agencies: Background on Land and Resources Management

Federal Land Management Agencies: Background on Land and Resources Management

Date: May 21, 2004
Creator: Hardy-Vincent, Carol; Corn, M. Lynne; Gorte, Ross W; Johnson, Sandra L; Whiteman, David & Calvert, Kori
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management Agencies: Background on Land and Resources Management

Federal Land Management Agencies: Background on Land and Resources Management

Date: August 2, 2004
Creator: Vincent, Carol H.
Description: This report provides an overview of how federal lands and resources are managed, the agencies that manage the lands, the authorities under which these lands are managed, and some of the issues associated with federal land management. The report is divided into nine sections.
Contributing Partner: UNT Libraries Government Documents Department
Federal Land Management: Appeals and Litigation

Federal Land Management: Appeals and Litigation

Date: February 26, 1997
Creator: Baldwin, Pamela
Description: None
Contributing Partner: UNT Libraries Government Documents Department