Federal Agencies Failure to Comply with Executive Order Has Cost Taxpayers over $1 Billion

Brian J. Rogers
Director of Policy and Development
Defenders of Property Rights

October 16, 2003

Washington [D.C]-Today, Roger Marzulla, General Counsel for Defenders of Property Rights, testified before Members of the U.S. House Subcommittee on the Constitution, telling them that over $1 billion worth of private property takings by the federal government has occurred over that last ten years.

"Federal agencies are simply not complying with their obligations under the Takings Executive Order, which is designed to protect individual constitutional liberties in property while protecting the public fisc," said Mr. Marzulla. "In a report issued today by Defenders of Property Rights, we conclude that widespread noncompliance with the Takings Executive Order has resulted in a massive violation of constitutionally guaranteed property rights, subjecting the federal government to liability for $1 billion or more."

Mr. Marzulla served as an attorney in the U.S. Department of Justice under former Attorney General Edwin Meese III. In 1988, he spearheaded the Reagan administration's initiative that resulted in Executive Order 12,630. The Executive Order was designed to avoid where possible the destruction of constitutionally protected property rights by federal agencies by requiring that a takings impact assessment (TIA) be performed prior to any federal action that implicated private property rights.

"We urge Congress to required federal agencies to comply with the Takings Executive Order, and to undertake a good faith effort to protect the property rights of the citizens as the Constitution requires," stated Mr. Marzulla.

Defenders of Property Rights is the only national public interest legal foundation dedicated exclusively to the protection of property rights. For further information about Defenders and to download a copy of Defenders's testimony please go online to

for More Information,

Nancie G. Marzulla


or contact at 202-822-6770.

Brian J. Rogers
Director of Policy and Development
Defenders of Property Rights
1350 Connecticut Ave., NW Ste. 410
Washington, DC 20036


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