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Introduction

The takings agenda draws its rhetorical inspiration – though not necessarily any actual support – from the takings clause of the Fifth Amendment to the U.S. Constitution which reads “…nor shall private property be taken for public use, without just compensation.” This agenda threatens to undermine environmental legislation, land use laws, and human health protections.

Takings proponents demand payment in the form of our government tax dollars when a law or regulation affects the use of land. Yet, such a demand expands takings far beyond the original intent, and fails to balance these alleged takings against the givings which flow from other government programs.

In the 1990s, takings legislation was debated in virtually every state legislature, with about half the states actually adopting some type of takings law. Most of these measures are largely symbolic and have had minimal practical impact, simply reinforcing the constitutional requirements, not redefining them, and establishing only loose procedural requirements.

Photo courtesy of the U.S. Department of Agriculture, Natural Resources Conservation Service

Four states, however, have statutes on the books that explicitly seek to go beyond established constitutional standards for determining when compensation is due for an alleged taking. Other states are currently debating far-reaching takings bills in their state legislatures. To find out what type of bills to be on the watch for, click here.

This web site offers the tools necessary for your state to watch for takings legislation. These tools include a sample bill, talking points, press clips, a fact pack, research, and other background information.

We may have other useful materials on this subject, which are not posted on our web site. Please feel free to contact us at info@serconline.org or call our office in Madison, Wisconsin, at (608) 252-9800.

SERC would like to give special thanks to John D. Echeverria of the Georgetown Environmental Law and Policy Institute for his assistance in assembling this information and ongoing work to analyze anti-environmental takings legislation across the states.

If you’ve used this site and found it helpful or, if you have suggestions about how it could be made more helpful, please let us know. Feel free to use the sample bill text included here in your state. If you do, please notify us.

This package was last updated on February 23, 2005.