I think any Federal land policy of the kind that we are talking about, that means the way the current Endangered Species Act is being enforced, is in clear violation of the Constitution, particularly the fifth amendment. Until the Government decides to engage in some just compensation to compensate landowners for the lost value of their property, in my judgment they are in violation of the Constitution.
William F. Smith: “I think any Federal land policy of the kind that we are talking about, that means the way the current Endangered Species…”
Editor's note · Context
Addressing concerns about the enforcement of the Endangered Species Act and its constitutional implications.
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