AG Derek Schmidt: U.S. Supreme Court agrees with Kansas, other states on land use rights

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TOPEKA – (November 27, 2018) – The U.S. Supreme Court today sided with Kansas and other states, reversing a lower court ruling that had upheld an Obama-era restriction on private property, Kansas Attorney General Derek Schmidt said. In a unanimous 8-0 decision, the Supreme Court reversed a decision of the U.S. Court of Appeals for the 5th Circuit that had allowed the federal government to designate land as “critical habitat” for an endangered species, the dusky gopher frog, without finding that the land constitutes “habitat” for the species. The Supreme Court also allowed a challenge to the federal government’s decision not to exclude a tract of land from the critical habitat designation to proceed, reversing the 5th Circuit’s holding that the...

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AG Derek Schmidt: U.S. Supreme Court agrees with Kansas, other states on land use rights

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