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

The Endangered Species Act and Claims of Property Rights Author: Robert Meltz
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
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.

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

The Endangered Species Act and Claims of Property Rights Author: Robert Meltz
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
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.

The Endangered Species Act (ESA) and Claims of Property Rights "takings"

The Endangered Species Act (ESA) and Claims of Property Rights Author: Robert Meltz
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 19

Book Description
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

The Endangered Species Act

The Endangered Species Act PDF Author: Stanford Environmental Law Society
Publisher: Stanford Environmental Law Soc
ISBN: 9780804738439
Category : Law
Languages : en
Pages : 296

Book Description
This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act--its history, provisions, accomplishments, and failures.

Endangered Species Act

Endangered Species Act PDF Author: William Robert Irvin
Publisher: American Bar Association
ISBN: 9781604425802
Category : Law
Languages : en
Pages : 484

Book Description
"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior --

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

The Endangered Species Act and Claims of Property Rights Author: Robert Meltz
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 20

Book Description


Regulatory Takings

Regulatory Takings PDF Author: William A. Fischel
Publisher: Harvard University Press
ISBN: 9780674753884
Category : Business & Economics
Languages : en
Pages : 446

Book Description
State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.

The Endangered Species Act (ESA) and Claims of Property Rights "takings"

The Endangered Species Act (ESA) and Claims of Property Rights Author: Robert Meltz
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 19

Book Description


Endangered Species Act (ESA) and Claims of Property Rights Takings

Endangered Species Act (ESA) and Claims of Property Rights Takings PDF Author: Robert Meltz
Publisher:
ISBN: 9781457842863
Category : Law
Languages : en
Pages : 23

Book Description


Science and the Endangered Species Act

Science and the Endangered Species Act PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309052912
Category : Science
Languages : en
Pages : 289

Book Description
The Endangered Species Act (ESA) is a far-reaching law that has sparked intense controversies over the use of public lands, the rights of property owners, and economic versus environmental benefits. In this volume a distinguished committee focuses on the science underlying the ESA and offers recommendations for making the act more effective. The committee provides an overview of what scientists know about extinctionâ€"and what this understanding means to implementation of the ESA. Habitatâ€"its destruction, conservation, and fundamental importance to the ESAâ€"is explored in detail. The book analyzes: Concepts of speciesâ€"how the term "species" arose and how it has been interpreted for purposes of the ESA. Conflicts between species when individual species are identified for protection, including several case studies. Assessment of extinction risk and decisions under the ESAâ€"how these decisions can be made more effectively. The book concludes with a look beyond the Endangered Species Act and suggests additional means of biological conservation and ways to reduce conflicts. It will be useful to policymakers, regulators, scientists, natural-resource managers, industry and environmental organizations, and those interested in biological conservation.

Wildlife Law

Wildlife Law PDF Author: David S. Favre
Publisher: Lupus Publications Limited
ISBN:
Category : Law
Languages : en
Pages : 540

Book Description