1994R06A- ENDANGERED SPECIES ACT (ESA)
RESOLUTION NO. Cf'l--R-GA
A RESOLUTION
WHEREAS, the Endangered Species Act (ESA) was adopted
in 1973 with good intentions; and
WHEREAS, the ESA has
to regulate how private
property and other property
been interpreted and implemented
ownerShip must relate to real
rights; and
WHEREAS, property ownership is now being impacted by
variables such as legislative and regulatory vagaries; and
WHEREAS, under
property owner may be
and be inhibited from
recent application of the ESA a
denied certain practices on their land
profits from the use or sale; and
WHEREAS, in the past, environmental protection laws
have concentrated on point sources of pollution and have
spread the cost of complying with those laws throughout
society; the ESA is being implemented by agencies such as
the U.S. Fish and Wildlife Service (FWS) in such a way that
the cost of complYing with the law and the FWS regulations
falls upon the individual property owner; and
WHEREAS,
Constitution
compensation
public use;
the Fifth Amendment to the United States
requires the government to pay just
when the government takes private property for
and
WHEREAS, the ESA implementation does not recognize
private property ownership; NOW THEREFORE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS
THAT Congress be urged to modify legislation and
regulations of the ESA to correct misapplications and
mismanagement; and to recognize if the government wants
property and it is determined that such property is needed
for the publiC good, the government should pay a fair price
for the property loss or use thereof.
..
BE IT FURTHER RESOLVED,
THAT the City Council of the City of Schertz, Texas,
asks that their Congressional representatives consider
remedial action.
Passed, approved
S. ff',oT"'AJ b"'/z'
V
and adopted this the
, 1994.
Co
day of
Texas
(SEAL OF CITY)