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Posted on 05/27/2002 6:26:42 AM PDT by madfly
WE DON’T LOSE ‘EM ALL – Private Property rights vs. USFWS
5/26/2002 1:06:14 PM MST By The Dome
Location: REGULATION – UNDER THE DOME
With so many attacks on private property rights – it’s nice to know that someone is putting up a good defense. And sometimes, they win one.
Last week the group Defenders of Property Rights, successfully negotiated a settlement agreement with the U.S. Department of Justice and the U.S. Fish and Wildlife Service (USFWS) that entitles John Taylor (pictured below) to build a home on his lot in Mason Neck, Virginia, and receive compensation for the temporary taking of his property.
The temporary taking damages compensate Taylor for the years that he was unable to build because the Fish and Wildlife Service refused to grant him a permit.
The lawsuits filed in this case included naming former Arizona Governor Bruce Babbitt – then Secretary of the Interior for the Clinton Administration – as a defendant.
The suit alleged that Babbitt, acting through the USFWS tried to force Taylor to support “The Plan” if he wanted to build. The government demanded that Taylor:
- Contribute money to a salmon restoration plan (because bald eagles like to eat salmon)
- Building two bald eagle platforms on a U.S. Army research facility
- Contribute money to a bald eagle exhibit to be constructed in the U.S. Army research facility
"This is a major victory for all those fighting for their property rights taken by the ESA," said Nancie G. Marzulla, president, Defenders of Property Rights, a legal foundation based in Washington, D.C.
"This settlement shows that if you stand up for your constitutional rights, you can win."
This settlement brings to an end a four-year battle between Taylor and the USFWS over the Service's denial to let Taylor make any use of his property due to a bald eagle's nest located on an adjacent property.
A retired builder, Taylor wanted to build a modest modular home to accommodate his disabled wife, but when the U.S. Fish and Wildlife Service discovered an active bald eagle's nest located on neighboring land approximately 90 feet from the proposed construction site, they did everything in their power to make it impossible for Taylor to build.
As part of the settlement agreement, USFWS has issued an "incidental take permit," allowing Taylor to build his home in an area that the Service had previously deemed as habitat for a bald eagle's nest. Taylor also has been paid a cash settlement for the temporary takings, damages, and attorneys' fees.
"This case should never have happened in the first place," said Marzulla.
"I am elated that it is finally over, but am still disheartened that it took four years and a lawsuit to get the government to obey the Constitution."
Marzulla’s organization has routinely lobbied for personal property rights for many years.
In Congressional testimony in support of H.R. 1142 (1999) she called attention to the Taylor matter and others, pointing out that there is no legislation that protects personal property rights. (The legislation failed by the way – ED)
Taylor’s situation, sadly, is not unique.
In the case of the Srnsky brothers who own a home on land located within the national forest near Elkins, West Virginia the Forest Service has not only barred them access to their home, but has endangered the lives of Tom and David Srnksy by digging six foot deep "tank traps." The Forest Service told a federal judge that they believed the tank traps were necessary to protect the running buffalo clover. Apparently Forest Service officials are willing to risk even human safety in order to protect a threatened plant.
Local farmers in California have had their water taken causing their crops dry up because the water was needed as habitat for two species of threatened fish.
Marzulla’s testimony concluded:
“These are not isolated examples of the harsh impacts of the endangered species act. In fact, the majority of the habitat designated for endangered species is on privately owned land. And once property is identified as habitat or necessary for protecting an endangered or threatened species, there are no simple solutions for the property owners, even those who have lost their constitutional rights as a result. Filing a lawsuit for just compensation is hardly an easy answer, even though private property rights is one of our fundamental civil rights. Takings litigation today is expensive, arduous, and lengthy. A Justice Department attorney told one of my clients a couple of weeks ago that his case, that had been filed over 1 1/2 year ago, that his case was in its infancy. The government attorney told him that takings cases often take ten years in order to reach final resolution. In other words, it will take at least a decade in order to win vindication for his constitutional rights. Few people have the financial means or staying power to endure a decade of litigation. Indeed, in the case of elderly litigants such as John Taylor, who knows if they can survive long enough to see their rights vindicated by a court.”
Happily, Taylor has lived to see his rights restored. Will you be as lucky?
Bravo to JOHN TAYLOR. Taking back America one step at a time!
I'm sure that no one got fired or probably even reprimanded.
It is a sorry state of affairs. But I am glad that this one person was vindicated and perhaps the precedent will help others.
I'm so happy to hear that we actually won one for a change.
Contribute money to a salmon restoration plan (because bald eagles like to eat salmon)
Building two bald eagle platforms on a U.S. Army research facility
Contribute money to a bald eagle exhibit to be constructed in the U.S. Army research facility
What, the government couldn't come up with the $10,000 for this stuff? Oops, I forgot, the government would find a way to make this cost $4 million. Even so, that's pretty bad.
Stop Rural Cleansing Now!
Check out the book "Undue Influence" by Ron Arnold. He has a website, undueinfluence.com
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