As the Congressional debate rages over reauthorization of the Endangered Species Act, both property rights advocates and environmental activists agree that the key to balancing species protection with landowner rights is through the implementation of market-based incentives to preserve and create habitat.
Property Rights
Housing Is Too Expensive. Blame Your Local Tree Ordinance.
Matthew Bernard wanted to build a home. He bought a small lot in Oakland, California, and began clearing several diseased and fallen trees that the local fire department had identified as hazards. The result was a $915,000 “mitigation fee” from the city of Oakland—nearly five times the value of the lot itself. Under Oakland’s tree ordinance,...
August 27, 2026