Commentary by Marita Noon - If you find oil or natural gas on your property, the value goes up. If you find an endangered species, your land becomes virtually worthless because the critter prevents productive use.
Most people would be excited to have a Jed-Clampet moment when, while hunting for dinner, the shot resulted in bubbling crude coming up from the ground. Like the Clampet family, your life would change dramatically. Your land would suddenly be worth more than you’d ever dreamed!
If, while hunting for dinner, you instead find an endangered species—the half-jest, half-serious advice would be “shoot, shovel and shut up.” Kent Holsinger, a Colorado attorney whose work centers around endangered species issues, told me that he has seen many landowners lose significant value due to a listed species being found on their property.
The Endangered Species Act (ESA) was signed into law in 1973 by President Richard Nixon to preserve, protect and recover key domestic species. Though well intentioned at the start, the ESA has since been used as a tool to hinder or block economic activity from logging and farming to mining and oil-and-gas development—often to protect species that don’t truly need it. Read full column