Number: 1994-07
WHEREAS, Citizens of the U.S. have a fundamental right to the peaceful enjoyment of their homes, their lands, their neighborhoods, public resource, clean water and fresh air; and
WHEREAS, through the course of our nation’s history, U.S. citizens have endorsed laws and regulations that protect their basic rights to safe neighborhoods, rights to enjoyment and protection of wildlife resources, and rights to healthy water and air; and
WHEREAS, property rights are protected under the Fifth Amendment to the Constitution of the United States which states “No person shall be…deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”; and
WHEREAS, property rights are also protected under the Fourteenth Amendment to the Constitution of the United States and similar state constitutional provisions; and
WHEREAS, the right to use property is not absolute, but is subject to limitations under common and statutory laws which protect the public at large and the property of others; and
WHEREAS, Americans have a fundamental right to expect government to protect private property, public resources, and the health and safety of its citizenry by laws and regulations which limit individual and corporate conduct to prevent abuse of public resources or harm to others; and
WHEREAS, private property owners often have used such laws and regulations to protect their private property, health, safety, and public resources from upstream, upwind, and neighboring abuses; and
WHEREAS, the so-called “wise use” movement is attempting to achieve its agenda of weakening environmental protection and other health, safety, labor, civil rights, and consumer laws, historic and community planning which protect Americans from individuals and corporations who may otherwise use their property in a manner that endangers others by promoting adoption of “takings” bill in the U.S. Congress and state legislatures; and
WHEREAS, legislation which would require automatic payment of taxpayers’ dollars for implementation of a regulatory program which may reduce the perceived value of property by a certain percentage is contrary to the Fifth and Fourteenth Amendments to the Constitution of the United States and state constitutional provisions and contrary to precedents established by the United States Supreme Court and state courts; and
WHEREAS, such automatic payment forces the public to fund a property owner or user of public resources for not causing harm, and would challenge government’s ability to implement public health and safety and environmental protection laws by intimidating agencies with an exaggerated “takings” standard; and
WHEREAS, the occurrence and extent of “takings” can be determined only on a case by case basis; and
WHEREAS, legislation which would require extensive review and analysis of proposed laws and regulations for potential “takings” consequences prior to enactment would create unnecessary and unreasonable expense and bureaucracy, would be impossible to carry out, would elevate one constitutional right over other rights, and would serve only to delay or discourage introduction of reasonable laws and regulations to protect private property owners and the public at large; and
WHEREAS, proposed “takings” bills actually undermine private property rights;
NOW THEREFORE, BE IT RESOLVED, that the National Wildlife Federation in annual meeting assembled March 4-6, 1994 in Austin, Texas, affirms its commitment to the rights outlined in the Fifth and Fourteenth Amendments to the U.S. Constitution and similar state constitutional provisions, at the same time that it affirms its commitment of environmental, health and safety protection; and
BE IT FURTHER RESOLVED, that the National Wildlife Federation opposes “takings” bills that undermine private property rights and public health, safety, environmental and other laws; and
BE IT FURTHER RESOLVED, that the National Wildlife Federation urges local, state and federal legislators to oppose “takings” bills wherever they are introduced.