On the recordMarch 2, 1995
I understand the point. But we still have a difference of opinion on this in terms of whether it is viable, because we have agencies being required it do an analysis but no penalty, no requirement that they are to be reviewed. In fact, under the very amendment we are talking about, there is no judicial review to be sure the agency is conducting the analysis properly. All the agency has to do is conduct an analysis to avoid the problem of compensation. Mr. Chairman, the point I make here is that we have a basic difference in philosophical point of view. There are those who want to say the constitutional protection against a taking, a total taking of the property, is sufficient if we add to it a requirement that the agency study what they are doing, with no requirement that the agency must compensate or that the agency must be subject to review. The basic difference here is this: Our agencies today have shown, and I think here is where the philosophical difference lies, I believe our agencies have shown the American people that they do not give enough consideration to private property rights.
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