Charles T. Canady

I want to go to an actual example, the bald eagle, one of the few successes we can point to under the Endangered Species Act. The requirements in my part of the country were practical and simple. You had to leave one tree. You had to leave…

We are going to do that, because we grant them the right to compensation for the diminution in the fair market value of their property. What I am telling you is $5,000 in that case would be a sham. That is not the fair market value.

the arbitrators who would be involved in this process would be governed by the same rules that would apply in the courts.

H.R. 925 as amended clearly protects water rights under section 404 of the Federal Pollution Control Act, the Endangered Species Act of 1979, and title XII of the Food Security Act of 1985. This section was clearly designed to protect all…

This issue of entitlement, we have discussed that and I understand the concern. But I want to point out in section 7 of my substitute amendment, there is language that makes clear beyond any doubt that we are not creating an entitlement in…

It is true that the right to compensation under the fifth amendment would be involved here, but the point is we are trying to have a workable way for individuals to receive compensation, and we have heard repeatedly today a quotation which…

You want to penalize them because they receive benefits like everybody else and I just do not think that is fair. And another important thing I think you have to focus on here is there is no time limit on this. There is no time limit. We…

the bill is very clear on that point. I think what we have here is a red herring that is being raised. I understand what is going on, but I think it is unfortunate that we are not focusing on what the bill actually does. I have no problem…

I think the point we need to understand here is that people have a right to use their property. The presumption the gentleman seem to be operating off of is that people do not have a right to use their property, they do not have a right to…

I can assure the gentleman that the intent of the statute is not to provide compensation to water users in such circumstances. Where a user is guaranteed an allotment of water, but that allotment is reduced in a way that is recognized and…

the purpose of the structure we establish in here is to make the agencies conscious of the cost they are imposing on people in the private sector. Furthermore, if they impose costs, to pay for them they must come back to the Congress to…

In determining the value of property, the circumstances surrounding the property are absolutely essential to coming to the fair market value. As we indicated before, there is a large body of case law on this subject, and this is something…

that is what determines the definition of fair market value. That is the reference for determining fair market value. I do not think there is any question that that body of law that helps determine fair market value would be applicable in…

I do not think anyone is afraid. No one is afraid to define this. It is already well-defined in the law and it is not going to cover the circumstances you are talking about. This is an open amendatory process. If the gentleman has an…

I do not believe that the ``judgment fund'' would be an available source of payment as a result of a court order. As the gentleman knows, section 6(f) of this substitute clearly states that payments under this legislation are to come from…

that issue, I think, will be clearly addressed by the Tauzin amendment which limits the scope of the coverage of the bill to identified Federal programs, and the programs that are identified there would not include the Federal flood…

That is a concept that is well defined in the law. We do not need a definition of that. That is defined in condemnation law already. That is there. There is no doubt about that. And the kind of circumstances you are describing are not…

Mr. Chairman, this provision of the bill which is being attacked by the current amendment is a provision that is simply designed to insure the expeditious consideration of motions for relief filed by States and local governments. What…

I believe that we have seen a history of abuses in this area. There is a compelling public interest in ensuring that local governments and the States are able to obtain relief in an expeditious manner. Now we are not tying the courts'…

Mr. Chairman, as we discussed at length in the Committee on the Judiciary, the 30-day stay only comes into place in circumstances where there is an absence of a finding by the court that prison conditions violated a Federal right. I say to…

I would point out that the Federal Government has been involved in juvenile justice policy for a long time. We have been providing grants to the States with respect to the juvenile justice systems--

this is a technical amendment, and is intended to clarify the definition of the term ``relief'' as used in title III of the bill, the provisions of the bill relating to prison conditions litigation. The amendment makes clear that any…

this specifically would also apply in circumstances where there was a class action and the class action was going to be dismissed. In order to dismiss any class action, the court must approve the dismissal and that will come into play…

As the gentleman from Illinois [Mr. Hyde] discussed earlier, this is an incentive. It is a modest, quite frankly a very modest, incentive for States to set up systems in which they are going to be serious about dealing with violent…

This amendment is submitted to encourage the States to implement a serious system of consequential sanctions for juvenile offenders. Mr. Chairman, we have heard very much in the last few minutes about the serious problem of juvenile crime…