[Congressional Record Volume 140, Number 45 (Thursday, April 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
H.R. 3875, PRIVATE PROPERTY OWNERS BILL OF RIGHTS
(Mr. TAUZIN asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. TAUZIN. Mr. Speaker, once again, this time on March 24, 1994, in
a case entitled Bowles versus the United States of America, the Federal
courts have decided that denial of a wetlands permit to an American
landowner is a taking under the fifth amendment clause of the U.S.
Constitution.
In the case, Mr. Bowles was not a big landowner. He simply owned a
lot in a subdivision in Texas. The Corps of Engineers said he could not
get a permit to build his house in that subdivision. He went to court.
The court decided that he was entitled to the value of his property,
attorneys fees, court costs, and even compounded interest, they were so
angry at the fact that the Government had taken this man's property and
refused for so long to compensate him.
The court also said it was time for Congress to do something about
this problem. It called upon the political body in this country, not
the judicial body, to make the decision.
I urge you to join us as cosponsors of House bill 3875, the Private
Property Owners Bill of Rights for Americans, to settle this issue, to
make it clear that a taking is, under the Constitution, compensable
when the Government denies you the right to use your own property.
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