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CONTENTS

STATEMENTS OF COMMITTEE MEMBERS

Hatch, Hon. Orrin G., U.S. Senator from the State of Utah ............
Biden, Hon. Joseph R., Jr., U.S. Senator from the State of Delaware
Grassley, Hon. Charles E., U.S. Senator from the State of Iowa
Feinstein, Hon. Dianne, U.S. Senator from the State of California
Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont

CHRONOLOGICAL LIST OF WITNESSES

Page
.1, 103, 139
16, 141

24
25
153

93

95

150

186

Memo of the nuisance exceptions in H.R. 925 and S. 605, revised

May 25, 1995 ....

191

Schmidt, John R.:

Testimony .......

9

Prepared statement

41

Shelby, Hon. Richard C.:

Testimony

161

Submitted prepared statement of Senator Don Nickles

163

Smith, Edward D.:

Testimony .........

114

Prepared statement

116

Smith, Loren A.:

Testimony .......

50

Prepared statement .......

52

Thompson, Ronald W.: Testimony .....

124

Wilkins, Richard G.:

Testimony..............

126, 213

Prepared statement

129, 215

APPENDLX

QUESTIONS AND ANSWERS

Questions to Jonathan H. Adler from Senators:

Feinstein .....

Abraham

Hatch

Feingold

Questions to Richard G. Wilkins from Senators:

Feingold .....

Biden ...

249

250

251

253

254

255
praisal Institute The Heritage Foundation The National Association of Realtors ®

Page

ADDITIONAL SUBMISSIONS FOR THE RECORD

THURSDAY, APRIL 6, 1995 Prepared statement of the American Homeowners Foundation

257

259 269 270 271 275 278

279 280

MONDAY, JULY 3, 1995
Letters to Senator Orrin G. Hatch from:

Green Spring Enterprises, Inc., dated July 10, 1995
Harvey L. Hutchinson, dated June 29, 1995
Steven L. Hernandez, attorney at law, dated June 28, 1995
Ronald K. Christensen, American Fork, UT, dated June 28, 1995
National Audubon Society, dated July 10, 1995......

Exhibit #1: The Key to Protection: Private Lands
Exhibit #2: The Problem: Loss of Utah's Valuable Wetlands, dated

July 11, 1991 ......
Exhibit #3: An article: The Takings Issue ........
Exhibit #4: National Wetlands Newsletter, Volume 17, No. 2, dated

March-April 1993 ...

Exhibit #5: Prepared statement of the National Audubon Society ...
Ralph Y. McClure, city manager, Washington, UT, dated July 10, 1995 ...
U.S. Environmental Protection Agency, region VIII, dated Dec. 19, 1994 ..
Springville City Corporation, Springville, UT, dated July 7, 1995
The University of Utah, college of law, dated July 10, 1995

Dell and Jo Ann H. Walker, Orem, UT, dated June 28, 1995
Prepared statement of:

Benjamin Slough with various attachments, dated July 6, 1995 ...
Central Utah Water Conservancy District
Robert C. Fillerup
Lon Henderson

285 290 300 301 302 304 306

307 332 333 334

336 339 340 358

360

WEDNESDAY, OCTOBER 18, 1995
Prepared statements of:

Senator Dianne Feinstein ........
Senator Conrad Burns .....
Brian Bishop of Ri Wiseuse
Robert J. Cynkar and F. Edwin Froelich
Michael L. Davis, chief, Regulatory Branch, U.S. Army Corps of Engi-
neers
.....

...... Gary S. Guzy, deputy general counsel, U.S. Environmental Protection

Agency
Alice M. Rivlin, director, Office of Management and Budget
John R. Schmidt, Associate Attorney General, Criminal Division of the
Department of Justice

........
Rev. Robert A. Sirico, CSP, the Acton Institute for the Study of Religion

and Liberty ... American Homeowners Foundation American Society of Farm Managers and Rural Appraisers and the Ap

368 377

380

390 394

395 398 401

THE RIGHT TO OWN PROPERTY

THURSDAY, APRIL 6, 1995

U.S. SENATE,
COMMITTEE ON THE JUDICIARY,

WASHINGTON, DC.
The committee met, pursuant to notice, at 10:02 a.m., in room
SD-226, Dirksen Senate Office Building, Hon. Orrin Hatch (chair-
man of the committee), presiding.

Also present: Senators Thurmond, Grassley, Kyl, Biden, Leahy, and Feinstein. OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S.

SENATOR FROM THE STATE OF UTAH The CHAIRMAN. We will call the committee to order. Our first witness this morning is going to be Ms. Nellie Edwards, of Provo, UT. So, Ms. Edwards, if you would care to take the front chair, we are sorry to jump you ahead of some other witnesses, but we think this is the way we will do it.

The fifth amendment to the Constitution of the United States guarantees that private property shall not, “be taken for public use without just compensation.” This is not a suggestion. This is not a preference. This is not a recommendation. It is a constitutional command.

So important is the right to property that the Framers saw fit to place its protection alongside such fundamental rights as due process, the right against self-incrimination, and protection against double jeopardy. Thus, when we speak today about defending the right to private property, it is vital that we always keep in mind that it stands as one of the greatest of American freedoms.

In spite of the overwhelming importance of property rights, in recent years the Federal Government has trampled on those rights. A well-intentioned desire on the part of the Federal regulators to protect a wide variety of interests has led to a dramatic increase in the amount of property that is being taken away from rightful owners by the Federal Government.

We will hear one of the thousands of examples of such Federal encroachments today from Ms. Nellie Edwards. She suffered the double hit of having her property declared a wetland by the Army Corps of Engineers and then having it condemned by the city of Provo, UT. Thanks to the wetland designation, the city was able to pay a mere $600 per acre for her land, land which was worth at least $7,500 per acre way back in 1973.

The Omnibus Property Rights Act contains several features which combine to protect private property in a responsible and rea

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