The Endangered Species Act and Claims of Property Rights "Takings" Page: 2 of 23
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Endangered Species Act
and Claims of Property Rights "Takings"
Summary
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.
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Meltz, Robert. The Endangered Species Act and Claims of Property Rights "Takings", report, October 14, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs8223/m1/2/?q=%2522civil%2520liberties%2522: accessed May 8, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.