Universe of Properties to Be Acquired by the Forest Service Under the Santini-Burton Act

After the Santini-Burton Act was enacted, the Forest Service planned to acquire about 20,000 acres of land under the land buyout program authorized under the act. Through July 1994, a total of about $86.5 million (including about $7 million in grants from California) had been spent by the Forest Service for land acquisitions and related administrative expenses. For the 135 acquisitions reviewed, the Forest Service required independent appraisals and paid the resulting estimated fair market value for each of the properties. Nonetheless, many owners of property in the basin continue to assert that TRPA’s land-use controls result in takings of their private property. Thus, since at least 1969, the property owners should have had some expectation of the future implementation of restrictions on growth in the basin. Information on 135 Forest Service Land Acquisitions in the Lake Tahoe Basin Sampled by GAO

Table III.1 provides information on the 135 cases GAO sampled of land purchases by the Forest Service within the Lake Tahoe Basin. Specifically, he asked that we determine (1) the extent to which the Forest Service had acquired properties in the basin under the act, (2) whether the classification of lands within the basin as environmentally sensitive may have adversely affected their values, and (3) the extent to which the circumstances surrounding the buyout program might involve issues related to a taking by the federal government of private property under the Fifth Amendment to the U.S. Constitution.
Why GAO Did This Study

Pursuant to a congressional request, GAO reviewed whether the Forest Service is treating land owners in the Lake Tahoe Basin fairly in acquiring their environmentally sensitive lands under the Santini-Burton Act, focusing on the extent to which the: (1) Forest Service acquires lands within the basin under the authorized buyout program; (2) land values have been affected by environmentally sensitive classifications; and (3) Forest Service's acquisition of environmentally sensitive lands constitutes a government taking of private property under the Fifth Amendment.

What GAO Found

GAO found that: (1) under the act, the Forest Service has acquired almost 11,000 acres in the Lake Tahoe Basin and plans to acquire an additional 9,000 acres; (2) the Forest Service has spent about $86.5 million for land acquisitions and administrative expenses; (3) although the effect of environmentally sensitive classifications on land values cannot be quantified, land use restrictions have resulted in the reduction of fair-market values of some lands; (4) none of the Forest Service's acquisitions constitute a taking of private property by the federal government without just compensation; (5) the Forest Service has paid most property owners more than their original purchase price for the lands; and (6) property owners should expect further restrictions on the growth in the basin to protect the lake and its environs.