CONTENTS STATEMENTS OF COMMITTEE MEMBERS Hatch, Hon. Orrin G., U.S. Senator from the State of Utah................................................... Page ....1, 103, 139 24 25 153 Statement of Nellie Edwards, Provo, UT Statement of John R. Schmidt, Associate Attorney General, U.S. Department Panel consisting of Loren A. Smith, chief judge, U.S. Court of Federal Claims, Washington, DC; Nancie G. Marzulla, president and chief legal counsel, Defenders of Property Rights, Washington, DC, accompanied by Roger Marzulla; and Raymond B. Ludwiszewski, former general counsel, U.S. Environmental Protection Agency, Washington, DC Panel consisting of Carol M. Rose, professor of law and organization, Yale Law School, New Haven, CT; and John J. Chaconas, St. Amant, LA Panel consisting of Nellie Edwards, Provo, UT; Larry Gardner, St. George, UT; and Edward D. Smith, Centerville, UT Panel consisting of Ken Ashby, president, Utah Farm Bureau; Ronald W. Thompson, district manager, Washington County Water Conservance Dis- Panel consisting of Keith W. Eckel, president, Pennsylvania Farm Bureau; Merrily Pierce, second vice president, Fairfax County Federation of Citizens Association, McLean, VA; Joseph L. Sax, counselor to the Secretary of the Interior, Washington, DC; Jonathan H. Adler, director of environmental studies, Competitive Enterprise Institute, Washington, DC; and Richard 150 Roger and Sharon Gautreau, dated Apr. 5, 1995 .... Leahy, Hon. Patrick J.: Submitted the prepared statement of Most Reverend 58 60 86 88 A status of Department of Interior's reform of the ESA Annual report of the White House Interagency Wetlands Working Memo of the nuisance exceptions in H.R. 925 and S. 605, revised Steven L. Hernandez, attorney at law, dated June 28, 1995 270 Ronald K. Christensen, American Fork, UT, dated June 28, 1995 .. 271 National Audubon Society, dated July 10, 1995 ......... 275 Exhibit #1: The Key to Protection: Private Lands 278 Exhibit #2: The Problem: Loss of Utah's Valuable Wetlands, dated 279 Exhibit #3: An article: The Takings Issue .... 280 Exhibit #4: National Wetlands Newsletter, Volume 17, No. 2, dated 285 290 300 Exhibit #5: Prepared statement of the National Audubon Society Prepared statement of: Benjamin Slough with various attachments, dated July 6, 1995 301 302 304 306 307 332 333 334 Michael L. Davis, chief, Regulatory Branch, U.S. Army Corps of Engi neers ......... 360 Alice M. Rivlin, director, Office of Management and Budget Gary S. Guzy, deputy general counsel, U.S. Environmental Protection 368 377 John R. Schmidt, Associate Attorney General, Criminal Division of the 380 Rev. Robert A. Sirico, CSP, the Acton Institute for the Study of Religion and Liberty ...... 390 American Homeowners Foundation 394 American Society of Farm Managers and Rural Appraisers and the Appraisal Institute ........ 395 The Heritage Foundation ........ 398 The National Association of Realtors® 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 (chairman of the committee), presiding. Also present: Senators Thurmond, Grassley, Kyl, Biden, Leahy, and Feinstein. OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. 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 |