today's posted documents
- The Proposed Equal Rights Amendment: Contemporary Ratification Issues -- Click to view this document
- Selected Legislative Proposals to Reform the Housing Finance System -- Click to view this document
- Regulation of Clinical Tests: In Vitro Diagnostic (IVD) Devices, Laboratory Developed Tests (LDTs), and Genetic Tests -- Click to view this document
- Armed Conflict in Syria:Overview and U.S. Response -- Click to view this document
- Congress\'s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure -- Click to view this document
- Intellectual Property Rights and International Trade -- Click to view this document
- Indian Gaming Regulatory Act (IGRA): Gaming on Newly Acquired Lands -- Click to view this document
- Military Uniform Procurement: Questions and Answers -- Click to view this document
- Navy Ford (CVN-78) Class Aircraft Carrier Program: Background and Issues for Congress -- Click to view this document
- The Help America Vote Act and Election Administration: Overview and Issues -- Click to view this document
The Endangered Species Act (ESA) and Claims of Property Rights "Takings"
The report then summarizes the court decisions on whether particular government actions (or inaction) based on the ESA "take" private property under the Fifth Amendment. The cases to date address several kinds of ESA impacts on private property: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened, and mitigation conditions to offset the impacts of development; (2) administrative delays; (3) reductions in water delivery or allowable water diversion to preserve lake levels or instream flows needed by listed fish (currently the most active area of ESA takings litigation); (4) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (5) restrictions on commercial dealings in listed species. To date, only one of the 18 ESA-based takings cases disclosed by research, Tulare Lake Basin Water Storage District v. United States, has found a taking. However, two cases, Casitas Municipal Water District v. United States and Klamath Irrigation District v. United States, have yet to be finally resolved and may or may not result in holdings that takings occurred.
This package includes following files:
|#||File Name||Document Date||Order ID:||Number of Pages||Price|
|1||RL31796.pdf||Jan 07, 2013||RL31796||20||$19.95||Add to Cart|