[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]

 
               THE PRIVATE PROPERTY OWNERS BILL OF RIGHTS

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                       HON. W. J. (BILLY) TAUZIN

                              of louisiana

                    in the house of representatives

                      Wednesday, February 23, 1994

  Mr. TAUZIN. Mr. Speaker, I rise today to introduce legislation that 
every property owner in America should welcome. The private property 
owners bill of rights reawakens America's commitment to the concept of 
private ownership of property. The greatness of our country arises from 
the economic opportunities afforded by the use and ownership of private 
property. Ownership of property makes most of us better citizens and 
increases our involvement in local and national government activities. 
Our Government ought to be encouraging, not discouraging private 
property ownership.
  As we watch former Communist governments move in the direction of a 
free enterprise economy based on ownership of private property, our own 
Government is moving in the opposite direction. Greater burdens are 
being placed on private property owners and the Government is making it 
riskier to own private property. An individual who purchases property, 
assumes the debt to make that investment, and pays substantial property 
taxes, should at least be able to expect that the Government will not 
actively work to prevent some return on that investment.
  Unfortunately, there is a growing attitude within the Federal 
bureaucracy that it is acceptable to disregard the legal rights of 
private property owners, as long as the goal is a laudable one. There 
is a growing movement to preserve various types of habitat in order to 
protect plants and animals to benefit the general public but at the 
total expense of the individual property owner. Many of these owners 
have been good stewards of their property, preserving forests and 
wetlands in their natural state. However, when those landowners choose 
to use their property, they are prevented from using it because it has 
been preserved.
  I have had constituents in my district who were denied wetlands 
permits to use their land based on the fact that their property was 
wooded or provided habitat. When a landowner is denied a permit to use 
their land for an activity that would otherwise be harmless, I believe 
that this is a taking. The fifth amendment of our Constitution clearly 
states that private property may not be taken for a public purpose 
unless just compensation is paid. Our Constitution was adopted, not 
just to grant power to the Government, but also to limit the power of 
the Government and to protect the rights of the individual. Without the 
protection of the fifth amendment, our Government could solve all its 
budgetary problems by simply confiscating any property it needed for 
any purpose at will through restrictive regulations. The fifth 
amendment is a curb on the abuse of power by Government and the 
compensation provision makes Government accountable for its actions.
  If the Government can force land into public service as habitat or 
for flood control purposes, without the payment of compensation, then 
Government can and will abuse its citizens by taking property freely 
for any well-intended public program.
  The bill I introduce today is intended to make our Government 
accountable to its citizens. The bill clearly sets forth that it shall 
be a Federal policy to encourage, support, and promote the private 
ownership of property. Most of the cases that have arisen in which 
landowners have lost the use of their property have been under the 
Endangered Species Act and the wetlands permitting program under 
section 404 of the Clean Water Act. Therefore, the bill limits most of 
its provisions to these two acts. Let me make it clear that I support 
the goals of both of these laws. However, they can be carried out 
without depriving property owners of their legal rights.
  The bill requires Federal agents who enter private property to gather 
information under either the Endangered Species Act or under section 
404 to first obtain the written consent of the landowner. It guarantees 
administrative appeals for landowners from decisions made under ESA or 
404. Property owners are guaranteed the right of access to information 
gathered on their property and the right to dispute the accuracy of the 
information. The bill requires that when property is devalued by 50 
percent or more based on a decision under ESA or the wetlands 
permitting program he or she is entitled to be compensated.
  Administrative procedures are established so that property owners 
have a simple and inexpensive way to seek a fair and equitable 
resolution of their claim that their property has been taken. Currently 
if a property owner is denied the use of their property, their only 
recourse is to file a suit in the U.S. Court of Claims in Washington. 
The suits that have been filed have taken many years to litigate and 
hundreds of thousands of dollars and, in most of the cases, the 
litigation continues without resolution. Most of our constituents 
simply cannot afford the claims court process with all its procedural 
and financial hurdles.
  We need a process in which the agency deals fairly and equitably with 
the landowner. This bill will accomplish that result. The fifth 
amendment is clear that property should not be taken for a public 
purpose without compensation. There is no exception in the fifth 
amendment for wetlands or the Endangered Species Act. The private 
property owners bill of rights will bring sanity and responsibility 
back to the manner in which our Federal Government carries out these 
laws.
  I urge my colleagues to join with me in cosponsoring this bill.

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