[PDF] The Endangered Species Act And Claims Of Property Rights Takings eBook

Author : Robert Meltz
Publisher :
Page : pages
File Size : 30,72 MB
Release : 2003
Category :
ISBN :

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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.

Author : Robert Meltz
Publisher :
Page : 19 pages
File Size : 14,61 MB
Release : 2008
Category : Eminent domain
ISBN :

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This report discusses Endangered Species Act (ESA) that 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, then surveys the major ESA-relevant principles of Fifth Amendment takings law, and finally discusses the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment

Author :
Publisher :
Page : 0 pages
File Size : 42,2 MB
Release : 2005
Category :
ISBN :

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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.

Author : Congressional Research Service: The Libr
Publisher : BiblioGov
Page : 26 pages
File Size : 47,35 MB
Release : 2013-11
Category :
ISBN : 9781293253885

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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 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 species acquired prior to listing as endangered or threatened. To date, only one of the 12 ESA-based takings decisions revealed by research has found a taking.

Author : B. Benson
Publisher : Springer
Page : 324 pages
File Size : 33,13 MB
Release : 2010-06-07
Category : Business & Economics
ISBN : 0230107796

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In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.

Author : Robert Meltz
Publisher :
Page : 26 pages
File Size : 22,62 MB
Release : 2015-02-16
Category :
ISBN : 9781297050879

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