On March 9, 2000, the House Committee on the Judiciary reported favorably H.R. 2372. The bill, titled "Private Property Rights Implementation Act of 2000," is aimed principally at lowering the threshold barriers of ripeness and abstention encountered when land owners file in federal court challenging local government actions as "takings." (1) Under the Fifth Amendment's Takings Clause (which applies to state and local, not only federal, actions), private property may not be "taken" for public use without just compensation.
When a wetland owner is denied permission to develop, or offered a permit with very burdensome conditions, the property's value may drop substantially. Wetlands programs also may impose costly development delays. For these reasons, federal and state wetlands regulation continues to generate "takings" lawsuits by land owners. Such suits allege that by narrowing or eliminating the economic uses to which a wetland can be put, the government has "taken" (permanently or temporarily) the wetland under the Fifth Amendment Takings Clause.
This Report first discusses the critical holdings enunciated by the Supreme Court in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fourteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee v. FEC; FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission).
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