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

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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 … continued below

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12 pages.

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Meltz, Robert March 10, 2003.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by the UNT Libraries Government Documents Department to the UNT Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 1506 times. More information about this report can be viewed below.

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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.

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12 pages.

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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.

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  • March 10, 2003

Added to The UNT Digital Library

  • Feb. 28, 2006, 9:11 a.m.

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  • Feb. 10, 2017, 1:58 p.m.

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Meltz, Robert. The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions, report, March 10, 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs8300/: accessed December 6, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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