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When Animals Invade And Occupy: Physical Takings And The Endangered Species Act, Rebecca E. Harrison

Washington Law Review

Government actions implementing the Endangered Species Act (ESA) on private lands have sparked extensive debate and litigation over whether such actions result in Fifth Amendment takings. To date, courts have uniformly rejected regulatory takings claims under the ESA, leading several landowners to advance a different theory-physical takings claims. Successful physical takings claims require landowners to show that government actions resulted in either per se physical takings or compensable physical invasions of their land. In two recent decisions, Boise Cascade Corp. v. United States,/i> and Seiber v. United States, courts rejected per se physical takings claims under the ESA, finding …