Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The Endangered Species Act and Claims of Property Rights Takings

The Endangered Species Act and Claims of Property Rights Takings

Meltz, Robert

Paperback

Environmental StudiesGeneral LawGeneral Political Science

ISBN10: 1297050878
ISBN13: 9781297050879
Publisher: Scholar's Choice
Published: Feb 16 2015
Pages: 24
Weight: 0.11
Height: 0.05 Width: 6.14 Depth: 9.21
Language: English

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 or allowable diversion 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 15 ESA-based takings cases revealed by research has found a taking, and that decision has been undermined by a later decision of the same judge.

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