Meadows on ‘Takings’

Re “Pay Me to Be Good--or I’ll Sue,” Commentary, March 10:

I must congratulate Donella Meadows on the points she raised. She actually was able to get half of the issues right. It is correct that many have used the “takings” portion of the Fifth Amendment to extremes. However, she fails to point out the proper application of this important constitutional restriction.

Meadows cites examples where someone is clearly damaging innocent bystanders with the use of their property. Poisoning rivers for people downstream is a perfect example. Using baseball bats to cave in people’s skull is another. This clearly has nothing to do with the Fifth Amendment.

The Fifth Amendment properly comes into play in numerous examples Meadows ignores, such as owners who wish to use property in ways which have absolutely no negative impact on others. For example, a company wished to develop Madrona Marsh in Torrance and was forced to compromise. This development’s only “impact” would have been increased traffic, along with increased jobs, increased sales, and increased economic health for the region.

Environment activists wanted to literally take this property, by government force, and convert it to a public park. This sort of abuse is what the Fifth Amendment was designed to protect against. If their activities prove damaging to others, then, and only then, should the responsible parties be forced to stop, and to pay proper redress. Otherwise, individuals must be sovereign over their own property.

Anything less is simply an “environmentally correct” dictatorship.

ALVIN E. SYLVAIN

Walnut

Lawyers, take heart! If you’re worried that tort reform under the Republican “contract with America” will make it hard for you to buy that new yacht, just look at the infinite opportunities that will open up when all those environmental restrictions are subjected to the takings clause of the Constitution.

The rest of us can only hope that Meadows’ well-expressed fears will prove to be unfounded.

MARSHALL PHILLIPS

Long Beach

Re “Key Bill Approved as House Finishes Legal Reform Push,” March 11:

What a remarkable new world the Republicans seek to create: First, they want to eliminate regulations that allow the government to protect the environment, and ensure product and occupational safety. Then they want to rewrite the tort laws to restrict the people’s right to protect themselves and redress these problems in the courts.

It seems pretty clear that when the Republicans speak of “losers pay,” the losers are the American people.

STEVE GORDON

Studio City