--- DEFENDERS of Property Rights ---


FOR IMMEDIATE RELEASE                        CONTACT: David W.Almasi 
=====================                                 (202) 686-4197
September 23, 1994                                


HUTCHISON, GRAMM INTRODUCE ENDANGERED SPECIES REFORM

WASHINGTON, DC -- Senators Kay Bailey Hutchison and Phil Gramm of Texas
introduced legislation yesterday that would place an immediate
moratorium on all potential designations of endangered species and their
related habitats until the Endangered Species Act of 1973 is
reauthorized.  The bill also compels the government to pay the owners of
private property who suffer a decline in the value of their property.

"The Endangered Species Act is long overdue for reform," said Nancie G.
Marzulla, president and chief legal counsel of Defenders of Property
Rights -- the nation's only legal defense foundation devoted exclusively
to protecting private property rights.  "While none of us wants to see
a species become extinct, we seriously need to look at the unfairness of
current laws meant to protect endangered species.  Unless and until
Congress can modify the unconstitutional effects of this statute on
private property owners, the law should not be allowed to continue in
effect."

The bill, called "The Farm, Ranch, and Homestead Protection Act of 1994"
(S. 2451), prohibits any new listing of an endangered or threatened
species, or the designation of a critical habitat until the Endangered
Species Act of 1973 is reauthorized by Congress.  The Act technically
expired several years ago, but contains provisions that provide for its
continued operation and enforcement.  S.2451 also requires that the
government compensate property owners for the loss of their property
values due to the designation of a critical habitat.  Lastly, the bill
limits the Fish and Wildlife Service's ability to have a say in federal
agencies decision-making in granting building permits and government
business and home loans unless the expenditures is of $500,000 or more
in value.

The Fish and Wildlife Service recently announced plans to designate
800,000 acres spread across 33 Texas counties as a critical habitat for
the Golden-Cheeked Warbler.  Commenting on current regulatory problems
faced by property owners, Senator Hutchison said: "Property owners
should not have to fight the government to build a new home on their
land, or hire lawyers to convince bureaucrats that their farming is in
compliance with regulations.... Instead of seizing land and arresting
farmers, we should encourage private landowners to protect species and
habitat with tax incentives, and whenever possible, relocate threatened
species to park lands."

Since 1991, Defenders of Property Rights has been leading the fight to
protect America's constitutional liberties by engaging in litigation,
education, and legislative analysis.  The Washington-based organization
is comprised of concerned property owners and users all across the
United States.

                        DEFENDERS of Property Rights
     6235 33rd Street NW  -  Washington, D.C.  20015  -  (202) 686-4197

    "[Nor] shall private property be taken for public use, without just
              compensation."  -U.S. Constitution, Amendment V
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