Liberty
Matters News Service
September 19, 2005
Pombo's ESA Bill Filed
Today,
Congressman Richard Pombo (R-CA), Chairman of the House Resource Committee,
released The Threatened and Endangered Species Act (HR 3824) which has little
resemblance to the earlier draft landowners objected to. The invasive species
section has been removed and the 50% trigger for compensation was also dropped.
In its place a "conservation aid" provision has been added which is intended to
provide funding to landowners when their property has been devalued by actions
under the act. Another addition is including a time limit for the Secretary of
Interior to approve requests by the landowner to use his property, intended to
resolve the ripeness issue, which prevents many landowners from being able to
file court actions.
Rumors of the new bill began circulating on the
Hill after a letter signed by over 200 organizations and individuals under the
banner of Property Rights First! had been delivered to Pombo and key members of
the Resource Committee opposing the first draft of the bill. On September 16,
last Friday, Pombo's staff began calling signers of the letter inviting them to
a Monday afternoon briefing on the bill in Washington, DC. Since most were not
in Washington not many could attend and a Sunday afternoon conference call was
organized. Several leaders of Property Rights First! were allowed to view the
bill while several dozen others were given a briefing over the phone.
Although few landowners have had an opportunity to closely review the
new bill, the Congressman has already scheduled a hearing for Wednesday,
September 21, with expert witnesses lined up. The chairman expects to mark up
the bill on Thursday, September 22 and, if passed out of committee, will be
pushed to the floor for a vote as early as the next two weeks.
The
Congressman's efforts to protect property rights in this new bill should be
applauded, however, much of the credit for this belongs to the landowners and
advocates across the nation who were willing to oppose the original draft. A
thorough legal analysis is currently being prepared which we will share with
you as soon as it is completed. In the interim, a link to the bill is provided
in this email for your review.