The Endangered Species Act and Claims of Property Rights "Takings"

Download or read book The Endangered Species Act and Claims of Property Rights "Takings" written by Robert Meltz and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.