[20000217]RS20473_1998年对美国宪法征用索赔的法院裁决.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20473February 17, 2000Court Rulings During 1998 on ConstitutionalTakings Claims Against the United States(name redacted)Legislative AttorneyAmerican Law DivisionSummaryIn light of congressional activity on property rights bills during 1998, CRS extendsits practice of compiling reported court decisions, involving federal actions and/or federalstatutes, that resolved Fifth Amendment “property rights takings” challenges on themerits. Decisions in 1998 meeting this criteria numbered 33, of which three found ataking. The federal programs implicated in this years decisions echo the broad diversityof such programs customarily involved in takings litigation against the United States.Areas generating multiple takings decisions in 1998 were telecommunications access, thefighting or intentional setting of forest fires, Indian tribal land rights, bankruptcy law,response to failed S&Ls, and the federal wetlands permitting program.During 1998, the second session of the 105th Congress continued consideration of“process type” property rights bills begun in the first session. Proces