Porter Goss: “The 10 percent of affected area threshold is neither, in my view. Trying to do a quick and definitely unscientific…”

“The 10 percent of affected area threshold is neither, in my view. Trying to do a quick and definitely unscientific overview of case law, I think it is fair to say that 30 percent of total market value is a whole lot closer to what our society has generally and traditionally accepted as qualifying as takings. Certainly that is true in the judiciary, and certainly the 10 percent of affected area threshold, in the Canady substitute, is a major departure, and likely a costly departure, I am afraid, into the unknown. I am not arguing for consistency in the judicial branch in this, but I am stating that encouraging a nationwide frenzy of spot takings claims is poor legislation. I urge my colleagues to join me in voting to raise the threshold to 30 percent of the entire parcel of land. We can understand that. We can deal with it. I think it will work.”