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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

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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
July 11, 1991 .....

279

Exhibit #3: An article: The Takings Issue ....

280

Exhibit #4: National Wetlands Newsletter, Volume 17, No. 2, dated
March-April 1993

285

290

300

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

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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
Agency

368

377

John R. Schmidt, Associate Attorney General, Criminal Division of the
Department of Justice

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.
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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