Does a St. Tammany man have a right to develop neighborhoods on his land or can the U.S. Government force him to develop it for a frog habitat?
When the United States Supreme Court goes back in session October 1, the local case will be one of the first to be heard.
It's an ongoing legal battle more than seven years in the making - a man and his family land versus the U.S. Government and endangered frog.
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"Unless the Supreme Court reverses this case, this will be the beginning of a new chapter, where the government can simply take anybody's land for any reason that they deem necessary and they don't pay you for it," said Edward Poitevent, an attorney who is being represented by Mark Miller, a Senior Attorney with the Pacific Legal Foundation.
The heavily-wooded area is about 13 miles northwest of Pearl River. Poitevent wants to develop the land that he owns there.
The U.S. Fish and Wildlife Service says he can't because it's home - or with many costly changes, including burning down thousands of trees - could be home to the endangered Dusky Gopher Frog. Poitevent says that's not true.
"We consider to be a radical injustice and an abuse of fact and law, for a nonexistent frog, that has not lived in the entire state of Louisiana for over 50 years, and is certainly not on my land," he said.
Taking sides with Poitevent are the Louisiana Attorney General's office, St. Tammany Parish and 20 other states, saying they agree with laws protecting endangered animals, but this case is big government overreach.
"An area safe from hurricane flood inundation, this land could provide traditional neighborhoods, with open green space, as well as housing for our current and future residents," said St. Tammany Parish President Pat Brister. She is concerned about air quality and road hazards if land has to constantly be burned to maintain the habitat.
"As Jeff Landry would like to say, 'We have about as good of a chance of this frog being seen in Louisiana, as we do of seeing an Atlanta Falcons Super Bowl trophy,'" said Jacques Ambers, a Special Assistant with the Louisiana Attorney General's office.
Poitevent says the fight for his land has cost $10 million so far. The U.S. Fish and Wildlife Service did not respond.
In a six-year-old YouTube video about the case, it said they are looking forward to working with the landowners and offered volunteer partners to help with technical and financial assistance to manage the recovery of the frog.
6 years ago
https://www.youtube.com/watch?v=HSN74a9i0Dk