Protecting Private Property Rights from Regulatory Takings: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session, February 10, 1995 |
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Page 36
... Endangered Species Act and other federal land - use legislation gives far too much unchecked power to out of control bureaucrats . It's time for Congress to stand up to the tunnel - visioned preservationists who want the government to ...
... Endangered Species Act and other federal land - use legislation gives far too much unchecked power to out of control bureaucrats . It's time for Congress to stand up to the tunnel - visioned preservationists who want the government to ...
Page 47
... endangered species , and much else . None of which is to say that those goods are not good or valuable . They may very well be . But as with anything else that may be of value , we must obtain See John Locke , The Second Treatise of ...
... endangered species , and much else . None of which is to say that those goods are not good or valuable . They may very well be . But as with anything else that may be of value , we must obtain See John Locke , The Second Treatise of ...
Page 48
... endangered species on that property . And in order to protect them , it is necessary to basically preclude any productive use of the property . Further , assume that the landowner acquired that property with- out knowing that the endangered ...
... endangered species on that property . And in order to protect them , it is necessary to basically preclude any productive use of the property . Further , assume that the landowner acquired that property with- out knowing that the endangered ...
Page 49
... endangered species on that land , the whole question of what people know , for instance , when they purchase land which is exactly the question that I thought that she was raising ; that partly someone came and said this is the reality ...
... endangered species on that land , the whole question of what people know , for instance , when they purchase land which is exactly the question that I thought that she was raising ; that partly someone came and said this is the reality ...
Page 57
... endangered species habitants , among others , leave many owners stripped of all but bare title to their property . In recent years , courts have done much to restore vigor to the Fifth Amendment . For instance , in Nollan v . California ...
... endangered species habitants , among others , leave many owners stripped of all but bare title to their property . In recent years , courts have done much to restore vigor to the Fifth Amendment . For instance , in Nollan v . California ...
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Common terms and phrases
agency action American Attorney bill budget burden bureaucrats CANADY Chairman claims Clean Water Act Cline common compensation principle compensation requirement Competitive Enterprise Institute CONG CONGRESS THE LIBRARY conservation Constitution Corps costs economic Endangered Species Act environment erty federal agencies federal government Fifth Amendment FRANK government regulation governmental habitat health and safety Heck impact imposed incentive individual interest issue Justice LIBRARY CONGRESS LIBRARY OF CONGRES LIBRARY OF CONGRESS limit litigation ment National neighbors nuisance PILON poll prepared statement preserve private land private ownership private property owners private property rights problems Property Rights Reader property values proposals protect private property public health question red-cockaded woodpeckers regulatory takings require compensation restrictions Reverend CAMPBELL Roger Pilon SCHMIDT School of Law statute Subcommittee Supreme Court taken for public takings clause takings legislation taxpayers Thank tion Title Title IX violation Washington wetlands wildlife
Popular passages
Page 29 - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone.
Page 23 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
Page 23 - All men have certain natural, essential, and inherent rights; among which are the enjoying and defending life and liberty; acquiring, possessing, and protecting property; and, in a word, of seeking and obtaining happiness.
Page 87 - Amendment's guarantee [is] designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole,
Page 58 - Court, quite simply, has been unable to develop any "set formula" for determining when "justice and fairness" require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons.
Page 24 - In vain may it be urged that the good of the individual ought to yield to that of the community, for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested than in the protection of every individual's private rights as modelled by the Municipal Law.
Page 22 - Indeed, in a free government, almost all other rights would become utterly worthless, if the government possessed an uncontrollable power over the private fortune of every citizen. One of the fundamental objects of every good government must be, the due administration of justice ; and how vain it would be, to speak of such an administration, where all property is subject to the will or caprice of the legislature and the rulers ! § 395.
Page 60 - Responsible fiscal management and fundamental principles of good government require that government decision-makers evaluate carefully the effect of their administrative, regulatory, and legislative actions on constitutionally protected property rights...
Page 24 - In this and similar cases the Legislature alone can, and, indeed, frequently does. interpose and compel the individual to acquiesce, but how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
Page 4 - Good morning Mr. Chairman and members of the Committee. I am pleased to be here to present the views of the Department of the Interior on S.