The Endangered Species Act and Claims of Property Rights “Takings

The Endangered Species Act and Claims of Property Rights “Takings

Date: January 14, 2008
Creator: Meltz, Robert
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.
Contributing Partner: UNT Libraries Government Documents Department
The Property Rights Issue

The Property Rights Issue

Date: January 20, 1995
Creator: Meltz, Robert
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Private Property

The Endangered Species Act and Private Property

Date: March 7, 1993
Creator: Meltz, Robert
Description: If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Contributing Partner: UNT Libraries Government Documents Department
International Conflict and Property Rights: Fifth Amendment "Takings" Issues

International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Date: December 5, 2001
Creator: Meltz, Robert
Description: None
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
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Date: December 22, 2005
Creator: Meltz, Robert
Description: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
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
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
Wetlands Regulation and the Law of Property Rights "Takings"

Wetlands Regulation and the Law of Property Rights "Takings"

Date: February 17, 2000
Creator: Meltz, Robert
Description: None
Contributing Partner: UNT Libraries Government Documents Department