[Congressional Record Volume 140, Number 16 (Wednesday, February 23, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    H.R. 3875, THE PRIVATE PROPERTY OWNERS BILL OF RIGHTS INTRODUCED

                                 ______


                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                      Wednesday, February 23, 1994

  Mr. YOUNG of Alaska. Mr. Speaker, I am pleased today to join with 
Representative Billy Tauzin and a broad-based bipartisan group of 
Members to introduce the ``Private Property Owners Bill of Rights.''
  Government trying to take private property for their use without 
paying for it is not new. The first recorded attempt at a ``taking'' 
occurs in the Bible, 1st Kings, chapter 21. King Ahab wanted Naboth's 
farm but he would not sell it to the King. So Queen Jezebel by official 
decree ordered Naboth stoned to death. And Ahab had his farm.
  The main difference between this story and what is happening today 
under section 404 is, in the biblical story, the government at least 
tried to buy the land before they put poor Naboth to death. Today in 
many of the wetlands cases and an increasing number of endangered 
species cases the Government is simply taking land for public purposes 
without paying for it.
  You may ask why is the concept of private property so important? In 
my opinion it is the concept of private property and respect of 
property rights that is one of the cornerstones of our free and 
democratic society. As the writer L.H. Rockwell said in the ``Free 
Market'' in November 1991:

       Private property is the real human right, and the 
     foundation of all freedom. If a church can't own its 
     building, there can be no freedom of religion, If a newspaper 
     can't own its newsprint, there can be no freedom of press. If 
     there is no private land there can be no freedom of speech.

  As Pope Pius XII said on September 1, 1944:

       Private property is a natural fruit of labor, a product of 
     intense activity of man, acquired through his energetic 
     determination to ensure and develop with his own strength, 
     his own existence, and that of his family, and to create for 
     himself and his own an existence of just freedom, not only 
     economic, but also political, cultural and religious.

  Our Founding Fathers clearly understood this truth and the importance 
of this fundamental right. They provided for its protection in the 
fifth amendment's provision that ``* * * private property shall not be 
taken for public use without just compensation.'' Unfortunately, many 
in the Federal Government and in the environmental community seem to 
forget this fundamental truth. I believe that the Founding Fathers 
would be turning over in their graves if they knew what the Federal 
bureaucracy was doing in the name of the environment.
  The very foundation of our fundamental right to use our own property 
is under tremendous attack in this country right now. Just as the 
former Soviet Union and Eastern bloc are discovering the critical need 
for private property, there are those in this country who in the name 
of environmental protection would seek to destroy the right to use your 
own land.
  At best these extremists tend to believe that our traditional notions 
of private property are old fashioned throw backs to our capitalist 
past that have outlived their usefulness. At worst they believe that 
all resources are to be shared by the masses and that they should be 
managed by the Government for the benefit of all.
  If we don't stand up to these radicals and counter the slide toward 
Government imposed environmental extremism, we will produce the same 
disastrous standard of living now being suffered by the former Soviet 
Union. If this happens our families, our society and our environment 
will all pay the price.
  Our environment will suffer because the single largest cause of 
environmental degradation in the world is poverty. And one of the major 
causes of poverty in this country is the excessive regulatory climate 
that has make jobs this Nation's largest export. We can't build 
anything anymore in this country because we can't afford the costs 
associated with permitting, regulations, and lawsuits. The most 
egregious examples are found with the wetlands regulations under 
section 404 of the Clean Water Act and the requirements of the 
Endangered Species Act.
  In order to remedy these most intrusive statutes this bill would 
require that if the Federal Government effectively confiscates half the 
value of your property then they will be obligated to pay for it. In 
order to be fiscally responsible this legislation requires the agency 
responsible for the taking must reimburse the treasury for the cost of 
the taking.
  The bill also clarifies that Federal employees who enter onto private 
property must get written permission before they can do so. They must 
also make available at no charge any information that is found on the 
property and give the landowner the opportunity to challenge the 
validity of the data. This will prevent the types of abuses that have 
occurred in several programs such as the National Natural Landmarks 
Program.
  If we are to reverse the slide we must all band together and fight. I 
and several of my colleagues will continue to fight to protect true 
wetlands, provide habitat for wildlife, and protect property rights but 
we need the help of every owner of property or those who wish to own 
property.
  If we all work together I am convinced that we can protect property 
rights and still have a cleaner environment, because there is no better 
steward of the land than the person who owns it. If we provide some 
incentives the private sector will help improve our Nation's resources, 
not destroy them. All we need is to get back to the concepts of the 
private property and stewardship that built this country and I believe 
this legislation is a critical first step.

                          ____________________