Private property rights versus protection of endangered species?

Question

explain this to me a bit please

Answer 1

The Endangered Species Act and Private Property: A Legal Primer

Robert Meltz

Legislative Attorney

American Law Division

http://www.ncseonline.org/nle/crsreports...

Answer 2

This is the sort of thing that keeps lawyers in business. Occasionally, it throws some work my way too, so I can't complain. When the rights of the property owner come in conflict with those of a protected species, the courts have to decide whether the restriction on the property owner constitutes a "taking". If so, the property owner deserves to be compensated. If the propery cannot be used at all, there is a "taking". If the property can be used at a profit, just not in the way the owner wants, there is no "taking" -- unless he has a very good lawyer.

Here's an example. Someone wanted to develop some real estate but a protected species of turtle was known from within three miles of the property. First, I determined that all but one of the wetlands on the property were not suitable for that turtle. That cleared the way for everything but that one suitable wetland. The following spring, some of us went out to find whether turtles were in that wetland or not. If we had found none after the proper level of effort, development could have proceded. We found one, which ended that phase of the study. The owner had a choice. He opted to try to buy land that would have allowed access to the part of the property that could be developed. He couldn't. He then opted to not develop, rather than pay for a detailed population study of the turtle which might or might not have allowed him to proceed. Right now, he is stuck with property that cannot be accessed.

Answer 3

I would imagine there are multiple federal and state laws governing what you can and cannot do with your property if it will have an impact on an endangered species.  Much depends on where you are located, the species involved, and how much impact is involved.  I know "wetlands" are a big deal.  If you have a wet spot on your property you can't just fill it in.  I'm sure this is meant to be a good thing but for some property owners it totally devalues their land. It's a balancing act.  We must protect endangered species, but we also need to protect our individual rights.  There is lots of room for debate and legislation.

Answer 4

Basically the idea that "it's my property I can do what I want" is in conflict with the protection of endangered species. For example, a person owning a piece of land where an endangered plant grows may have to have special permission to remove the plant in order to build a structure, or may not be allowed to remove them at all.  

Answer 5

In California if  your property is found to have an endangered species on it you have to pay to have it moved.