Abstract
Responses to the Desert Tortoise ESA designation in Washington County, Utah shed new light on the consequences of the political dynamics of the ESA and the property rights movement, the undefined nature of regulatory takings jurisprudence, and takings ripeness requirements. The development of alternative compensation safety nets have provided relief for most property owners disproportionately affected by the tortoise designation in Washington County. However, certain side effects of each approach become apparent in examining the practical, legal, and public policy frameworks upon which they are based. These side effects also highlight the need to reexamine the means utilized by the ESA in its objective of protecting endangered species.
Recommended Citation
2005 ULR 997 (2005)