Fordham Environmental Law Review Volume 8, Number 3 2011 Article 7 Takings Bills Threaten Private Property, People, and the Environment Glenn P. Sugameli∗ ∗ Copyright c 2011 by the authors. Fordham Environmental Law Review is produced by The Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/elr TAKINGS BILLS THREATEN PRIVATE PROPERTY, PEOPLE, AND THE ENVIRONMENT Glenn P Sugameli* INTRODUCTION Proponents of takings bills rely on two unfounded claims: that "takings" bills will protect private property and that such bills track the Constitution's Fifth Amendment clause, "nor shall pri- vate property be taken for public use, without just compensation."1 * Counsel, Office of Federal and International Affairs, National Wildlife Federation, 1400 16th Street, N.W., Suite 501, Washington, D.C. 20036-2266 (202) 797-6865;
[email protected]. Portions of this arti- cle are adapted from Glenn P. Sugameli, Environmentalism: The Real Movement to Protect Property Rights, in A WOLF IN THE GARDEN: THE LAND RIGHTS MOVEMENT AND THE NEW ENVIRONMENTAL DEBATE 59 (Philip D. Brick & R. McGreggor Cawley eds., 1996) [hereinafter Sugameli, En- vironmentalism]; and Glenn P. Sugameli, Takings Issues in Light of Lucas v. South Carolina Coastal Council, 12 VA. ENvTL. LJ. 439 (1993) [hereinaf- ter Sugameli, Takings Issues in Light of Lucas], which was reproduced in the 1994 ZONING AND PLANNING LAW HANDBOOK (Kenneth Young ed.); excerpted in the LAND OWNERSHIP AND USE casebook (Curtis Berger & Joan Williams eds., 4th ed. 1997), and will be reprinted in the three volume set ENVIRONMENT, PROPERTY AND THE LAW (Ronald L. Rosenberg ed., forthcoming 1998). 1. U.S. CONST.