Lessons Learned from a Study of Habitat Conservation Planning

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Abstract
Habitat conservation planning aims to find a balance between the protection of endangered species on nonfederal land and the protection of private property rights, a topic that has recently become polarized among parties with conflicting interests. More than 90% of endangered species in the United States are estimated to occupy at least some private land (GAO 1994). It is unreasonable to expect all that land to be put into public ownership, but it may also be unreasonable to expect private landowners to bear the full responsibility for the protection of the endangered species on their land. Section 9 of the Endangered Species Act (ESA) prohibits the “taking” on both public and private land, of species listed as endangered; currently, private landowners and developers could be subject to criminal and civil penalties for construction-related activities that might harm a listed species.

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