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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.


THE DOCUMENT INCLUDES FOLLOWING FILES:
# FILE NAME Document Date Order ID: Number of Pages PRICE
1 RL31796.pdf Jan 07, 2013 RL31796 20 $29.95 ADD TO CART

Older Versions:

The Endangered Species Act (ESA) and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Apr 21,2011  Pages: 21]

The Endangered Species Act (ESA) and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Jun 23,2009  Pages: 20]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Feb 03,2009  Pages: 19]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Jan 14,2009  Pages: 19]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Jan 14,2008  Pages: 20]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Dec 18,2006  Pages: 20]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Oct 14,2005  Pages: 20]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Sep 16,2005  Pages: 20]

The Endangered Species Act and Claims of Property Rights "Takings"  [Order No: RL31796  Release Date: Mar 09,2005  Pages: 20]

The Endangered Species Act and Claims of Property Rights Takings: A Summary of Court Decisions  [Order No: RL31796  Release Date: Mar 10,2003  Pages: 9]