The Fly Is In the Icing.

"All Animals are Equal but some are more equal than others"

--George Orwell, Animal Farm

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In Lucas v. South Carolina Coastal Commission, in an opinion for the 6-2 majority, Antonin Scalia wrote: “Even if a regulation addresses a serious harm, the government must compensate a property owner denied all economically viable use of his land.”

“Although the decision was favorable for Lucas. It appears that the US Supreme Court’s decision was narrowly drawn and did not adequately protect private property rights destroyed by government taking of property. It’s impossible to tell what it does to a whole range of cases because its effect may be extremely limited.” Wrote Rodger Pilon of the Cato Institute. 

Fellow Toastmasters and most welcome guests…

The Fly is in the Icing and it has spoiled the party.  The American dream is where one dreams big makes plans and with hard work propels himself up the ladder of success.  My family has owned the ten-acre parcel for over twenty years. Our plan was to develop it so that we could retire on the rents- just like my immigrant grand parents did. Our plan was destroyed when the Delhi Sands Flower Loving Fly was added to the Endangered Species list in 1993.

The 1-½ inch long winged insect emerges from sandy soils for a few days every summer to mate, breed and die.  A life spent underground makes it impossible for biologists to determine how many exist.

According to Greg Ballmer, UC Riverside research associate and entomologist: “The destruction of the fly’s habitat can trigger the extinction of many more species that depend on the same habitat.” This statement is questionable at best.

Mr. Ballmer’s advocacy propelled the Delhi Sands flower Loving Fly to the endangered species list in 1993.

The Federal Fish and Wildlife Service is charged with protecting endangered species has required landowners to set aside acreage for the fly’s habitat in exchange for a permit to build. The agency has also required the cities of Colton, Fontana, Rialto and Mira Loma to maintain the habitat.

The City of Colton will be required to rip up and close sections of four public streets. This area includes a 10-acre parcel at the city owned Hermosa Cemetery would dedicate to fly habitat.  An environmentalist called this a meaningless stab at conservation.

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This process has dragged out over ten years and has cost a sum greater than 300 million dollars in lost opportunities due to the stoppage of economic development. This not only has hurt my family – other landowners have stopped paying their property taxes due to the denial by the FWLS to issue building permits. It has stopped our community from being able to provide gainful employment for its citizens. This regulatory taking has created an undue hardship. When the government destroys your property through its authority is should be required to justly compensate you for its full value, just as if it needs your land to build a school or highway. 

The regulatory taking of property implemented by the bureaucracy plunders the rights of property owners and produces a needless financial burden.  The hidden cost of complying with these laws is measured by time lost in negotiating the nearly endless maze of local, state and federal agencies in the permit process, through applying for variances and design changes, defending nuisance suites and enduring delays in the legal process.  All of this dramatically impedes economic growth for each of us for raising the cost of housing and manufactured products, thwarting of new products and eliminating employment opportunities.