EDITORIAL: Property rights

 

Las Vegas Review Journal Opinion
Sep. 23, 2005

Democrats have long blocked changes in the Endangered Species Act, realizing that far from being a simple mechanism to protect grizzly bears and bald eagles, it is a powerful tool in the arsenal of liberal environmental groups to undermine economic development.

But now a half-dozen congressmen on the Democratic side of the aisle have joined eight Republicans -- including Rep. Jim Gibbons of Nevada -- in sponsoring an overhaul of the act. The biggest change would require the government to pay landowners fair market value to compensate for the losses they endure to protect endangered species.

Of course, if judges were doing their jobs, that would already be happening under the Fifth Amendment's takings clause. But if it takes legislation to prod the judicial system to enforce the Constitution, that's better than nothing.

Environmentalists blanch at the thought of the government having to pay property owners for limiting the use of their land, preferring that the true public expense of their agenda be much more difficult to calculate. But such a change would indeed be an excellent means of educating taxpayers about the actual costs of land-use regulation under the Endangered Species Act.

Unfortunately, previous efforts to reform the act have gone nowhere. Let's hope this measure -- being debated this week in the House Resources Committee, enjoys a different fate.

 
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Source:  http://www.reviewjournal.com/lvrj_home/2005/Sep-23-Fri-2005/opinion/3497514.html