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E-M:/ Takings Action Alert
Enviro-Mich message from "Scott" <email@example.com>
Takings Action Alert-- Please send all questions and responses to Glenn
Sugameli with NWF at 202-797-6865 or firstname.lastname@example.org.
UPDATE: HOUSE JUDICIARY COMM. VOTE WED. MAR. 8
HOUSE FLOOR VOTE LIKELY the following week (week of March 13).
A federal "takings" / "property rights" bill (HR 2372) is moving rapidly
through House committee to the House Floor. A similar bill drafted by
the National Assn. of Home Builders passed the House last Congress (HR
1534). It is designed to cripple the ability of local governments to
control land use, and engage in zoning, planning, and smart growth.
Please read the Alert below, CONTACT YOUR MEMBERS OF CONGRESS and
FORWARD the Alert to others.
If you did not receive this Alert directly, contact Glenn Sugameli at
NWF email@example.com to get future takings alerts through my
light-traffic, email list dedicated to the takings issue (you can
unsubscribe at any time).
** High Priority **
URGENT URGENT URGENT URGENT URGENT
H.R. 2372, Rep. Canady's [R-FL] "Private Property Rights Implementation
Act"(TAKINGS BILL) will be MARKED-UP and VOTED on by the Full HOUSE
JUDICIARY COMMITTEE on WEDNESDAY, MARCH 8 and is likely to come to the
Floor of the full House of Representatives the following week.
IT IS IMPORTANT THAT ALL HOUSE MEMBERS, INCLUDING KEY JUDICIARY
COMMITTEE MEMBERS, HEAR FROM YOU ABOUT THIS MEASURE AS SOON AS POSSIBLE.
PLEASE CONTACT YOUR HOUSE MEMBERS TODAY.
WHAT YOU CAN DO:
WRITE or CALL your Representatives (WHETHER OR NOT THEY ARE on the
COMMITTEE) and write a letter to the Editor of your newspaper urging
opposition to HR 2372.
PLEASE CALL MEMBERS on the HOUSE JUDICIARY COMMITTEE
(Capitol Switchboard 202-224-3121) ASAP and Urge them to ATTEND the
MARK-UP and to OPPOSE the BILL.
For a list of House Judiciary Committee members go to:
ALL REPRESENTATIVES SHOULD OPPOSE the TAKINGS BILL BECAUSE:
>>The bill would harm the property rights of neighbors. It attempts to
allow developers and companies to file premature property rights
"takings" federal court lawsuits that bypass state courts and local
zoning and land use dispute resolution procedures.
>>The bill would empower big developers to use the threat of premature,
costly federal court litigation as a club to coerce small communities
into approving projects that will harm neighboring homeowners and the
>>The bill would apply to a wide variety of threatened and actual
federal court lawsuits. For example, state courts have already rejected
unjustifiable "takings" challenges to limits on hazardous waste
landfills, corporate hog farms, liquor licenses and adult businesses.
>>The impact would be especially severe on the 18,775 (48%) of cities
and towns that have less than 1,000 residents and average annual
revenues of $186,664. Source: Latest available US Census Bureau data
(1992). The costs of defending unjustified federal takings litigation
would be intimidating: lawsuits would rob funding from essential local
fire, police, and environmental protection services.
>>This bill would certainly have the exact opposite result
from what supporters claim. Inevitably, it would result in expensive,
lengthy procedural litigation that would delay decisions on whether a
compensable taking has occurred. Federal courts would first have to:
1)decide threshold issues of whether the Constitution allows avoiding a
final administrative decision and bypassing state courts, and 2) would
have to interpret many undefined terms in the bill. Recently reaffirmed
Supreme Court holdings are clear: the Constitution requires that
premature federal claims filed under the bill against localities would
ultimately have to be dismissed or transferred to state court.
>>Opponents include: national organizations representing the federal
courts, Counties, Cities, Mayors, Towns and Townships, State
Governments, State Legislatures, and 41 state Attorneys General; the
Clinton Administration; major religious denominations, including the US
Catholic Conference, National Council of Churches of Christ and Jewish
and Evangelical groups, and labor (AFSCME). Conservation and
environmental groups also strongly oppose H.R. 2372 because of its
impact onsmart growth and other local initiatives to protect neighboring
property and the environment.
Thanks and please send me any feedback you receive!
Glenn P. Sugameli
National Wildlife Federation
1400 16th Street, N.W., Suite 501
Washington, D.C. 20036-2266
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