.
Government Takings? What About
Givings? |
| [Reprinted from The
Christian Science Monitor, 24 February, 1995] |
Adam Diamant is a public-policy analyst in
San Francisco. He specializes in environmental issues.
THE recent Republican electoral victory and the party's ascension to
leadership in the House and Senate has caused the smoldering issue of
regulatory takings to burst onto the political scene like an
uncontrolled forest fire.
Property-rights advocates have been assured by the new GOP majority
that their lands will be safeguarded from overzealous federal and state
regulators and environmental "wackos." These property-rights
advocates and their allies in the "wise use" movement are
pinning their dreams on a part of the GOP Contract With America that
requires the government to reimburse landowners if any federal
regulations reduce the value of their land by more than 10 percent.
One issue that has been ignored amid all of the political hoopla
surrounding takings is regulatory givings. That's right: givings. After
all, if We The People are going to be required to reimburse anyone whose
land value falls by more than 10 percent because of government
regulation, we hi turn should be fairly compensated whenever government
action increases the value of anyone's land by 10 percent or more.
After all, fair is fair.
Here's how it would work. The next time the federal government builds a
water project, a highway, or a research-and-development faculty out in
the heartland and local land values skyrocket, the lucky landowners
would have to hand over all of the windfall profits to the government,
less the 10 percent that We The People would allow them to keep out of
the goodness of our hearts.
AND why stop there? Agricultural landowners should be required to
reimburse the government for increases in their land values due to water
and crop subsidies. Mine owners operating on public lands should be
forced to share a portion of their lode with the Treasury. Landowners,
motel operators, and restaurateurs in and around our national parks
should be forced to share their bounty with the government, too. Even
municipalities should have to reimburse the federal government for the
tax-free status their bonds enjoy -- after all, these bonds pay to build
schools, hospitals, and parks that increase local property values. On
top of all this, there are the real cash cows: businesses who depend
entirely on regulatory givings. Take the solid-waste-disposal industry.
If it were not for federal solid-waste-disposal and
hazardous-waste-management laws, industry giants like Waste Management
Inc. and Browning-Ferns would still be small local garbage companies.
It's only appropriate that 90 percent of these companies' annual profits
be returned to the federal government.
As these examples show, the opportunities for the federal government to
be reimbursed for regulatory givings are numerous. Federal regulations
can, and often do, confer huge economic benefits on select individuals
and companies, financial benefits that We The People silently pay for
out of our own pockets. It's time we got our money back.
As Congress begins to debate the takings issue in earnest, it should
consider incorporating the idea of regulatory givings into the Contract
with America. By doing so, the new Republican majority simultaneously
could curtail regulatory takings, lower the budget deficit, and pay for
a middle-class tax cut.
After all, Newt Gingrich, a contract is a contract.
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