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RL30423 - Wetlands Regulation and the Law of Property Rights
17-Feb-2000; Robert Meltz
Abstract: Federal and state wetlands regulation continues to generate lawsuits claiming that a wetland owner's property has been ¨taken,¨ and therefore should be compensated. This report reviews the large body of law developed in court decisions in this area, as a backdrop to congressional efforts to reauthorize the federal wetlands permitting program. The report discusses the takings test used when permission to fill a wetland is denied, when mitigation conditions are imposed, and when regulation causes lengthy project delays. Several cross-cutting issues are broken out for separate treatment. [read report]
Topics: Wetlands, Risk & Reform
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