Twenty three states have enacted property rights legislation of some kind the two primary property rights proposals under consideration in congress are s 605 and h r 925 both of which would require the payment of compensation to landowners for regulatory takings. Koontz v st johns river water management district involved a fifth amendment takings clause challenge to the denial of a development permit case summary coy koontz sr was a developer who sought a permit to dredge and fill more than three acres of protected wetlands in florida. Botello samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation by analyzing the impact of such litigation on the implementation of two federal environmental statutes the surface mining control and reclamation act and the endangered species act the author uncovers institutionalized characteristics of these regulatory regimes which insulate . The order requires federal agencies before taking regulatory action to identify the takings implications of the action and minimize interference with private property rights the order defines . Regulatory taking issues in environmental law this lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation regulatory takings under the fifth amendment to the us constitution
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