Where the wild things are: the Endangered Species Act and private property. (Endangered Species Act at Twenty-One: Issues of Reauthorization)

From: Environmental Law | Date: April 1, 1994| Author: Meltz, Robert | Copyright information

The subject of the Endangered Species Act reauthorization has fueled much debate. One of the most rancorous issues concerns property rights. What is a landowner's recourde when the ESA limits the use of private land? The author reviews relevant statutory background, examines the limited federal and state case law, and analyzes the implicationsof recent judicial trends. He concludes that despite the negative effect of ESA prohibitions on some property owners, constitutional takings challenges ...

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