ALEC's Private Property Protection Act

The American Legislative Exchange Council's (ALEC) "model" Private Property Protection Act could ultimately lead to the effective dismantling of such broadly popular and effective environmental protection laws as the 1972 Clean Water Act, the 1973 Endangered Species Act, and the 1990 Clean Air Act. The bill dramatically widens the definition of a "taking," requiring compensation for a whole host of actions that are not currently covered. ALEC opposes "any governmental attempt at whatever level, and by whatever means, to confiscate, reduce the value of, or restrict the uses of private property unless to abate a public nuisance affecting the public health and safety." ALEC-influenced bills were introduced in Kentucky and Maine in 2003. If passed, these bills would undermine the ability of government to adopt any new rules and regulations to address threats to public health and the environment. If government had to pay for every economic burden it imposed, its ability to protect public health and the environment would grind to a halt. It could cost each state billions of dollars to compensate property owners for every negative financial impact of regulations. One of the benefactors of this bill would be Confined Animal Feeding Operations, commonly referred to as CAFOs. Local governments may be unable to prevent a large, smelly, and environmentally destructive factory farm from getting started without reimbursing the owner for "taking" away potential earnings. The value government "gives" to the land through wise planning is not always factored into the equation. The Private Property Protection Act is one more attempt by ALEC to support business at the cost of public health and environmental safety.


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State Environmental Resource Center
Madison, Wisconsin