Defenders Wins Permit and Just Compensation for Taylor

Washington, (D.C.) - On Tuesday, May 21, 2002, Defenders of Property Rights successfully negotiated a settlement agreement with the U.S. Department of Justice and the U.S. Fish and Wildlife Service that entitles John Taylor to build a home on his lot in Mason Neck, Virginia, and receive compensation for the temporary taking of his property.  The temporary taking damages compensate Mr. Taylor for the years that he was unable to build because the Fish and Wildlife Service refused to grant him a permit.

"This is a major victory for all those fighting for their property rights taken by the ESA," said Nancie G. Marzulla, President of the Washington, D.C.-based legal foundation, Defenders of Property Rights.  "This settlement shows that if you stand up for your constitutional rights, you can win."

Today's settlement brings to an end a four-year battle between Mr. Taylor and the U.S. Fish and Wildlife Service over the Service's denial to let Mr. Taylor make any use of his property due to a bald eagle's nest located on an adjacent property.  As part of the settlement agreement, the U.S. Fish and Wildlife Service has issued an "incidental take permit," allowing Mr. Taylor to build his home in an area that the Service had previously deemed as habitat for a bald eagle's nest.  Mr. Taylor has also been paid a cash settlement for the temporary takings, damages, and attorneys' fees.

"This case should never have happened in the first place," said Nancie Marzulla.  "I am elated that it is finally over, but am still disheartened that it took four years and a lawsuit to get the government to obey the Constitution."

Defenders of Property Rights is the only national public interest legal foundation dedicated exclusively to the protection of property rights.  Further information about the case is available on-line at http://www.yourpropertyrights.org or by contacting the organization directly at 202-822-6770.

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