Smith told the harrowing story of "Cindy and Andy Domenigoni, fifth generation farmers in Riverside County, California who were working a 3,200-acre property first farmed by Andy's great-great grandfather who settled the valley (that is now named after him) in 1879. Their farm has also been home to the Stephens' kangaroo rat, a species the government has listed as endangered since 1988. In compliance with the Endangered Species Act (ESA), the Fish and Wildlife Service (FWS) has prohibited the Domenigonis from farming 800 tillable acres that are considered prime rat habitat.
"In 1990, as the Domenigonis were preparing to begin plowing their fields, FWS law enforcement agents and biologists ordered them to stop and warned them that disking their fields would constitute a "taking" of the endangered Stephens' kangaroo rat and they would be arrested. Furthermore, they were cautioned that if they subsequently disked their fields, they would face impoundment of their farm equipment and a year in jail or a $50,000 fine – or both – for each and every act of "taking" an individual rat.
And as the FWS considers a taking to mean harassment, harm, digging up a burrow, or plowing under the grass and plants whose seeds the rat eats – almost any action a bureaucrat can conceive of as affecting the rat in any way – the Domenigonis could have been facing life sentences for plowing their 800 acres. (That is what the environmentalists refer to as "sustainable development.")
Smith reported that the Domenigonis "lost $75,000 in foregone crops each season for the past four years – a total loss of $300,000 in gross income – because of the FWS prohibition. They have also incurred another $100,000 in biological consulting fees, legal fees, and associated costs in fighting this regulatory taking of their property and of their livelihood. In addition, they have been prevented from raising crops on other farmland that they leased from local landowners.
Ironically, on Nov. 1, 1993, shortly after the devastating Southern California fires destroyed thousands of acres of k-rat habitat – as well as human habitat and homes – FWS biologist John Bradley authorized the Domenigonis to plow their fields, having determined that the endangered rats no longer lived in the area and hadn't for some time before the fire.
Because the land hadn't been plowed in order to protect the rats, the foliage had grown too thick for the rats to live there and they were forced to leave.
Thus, the ESA regulations directly caused an uncompensated loss to the Domenigonis of close to half a million dollars. Their land had undergone a de facto nationalization by the federal government; they could derive no economic return from it. Yet they were still required to pay property taxes on land deprived of all economic value by government fiat.
The brutal realities of the ESA were exhibited to the entire nation on ABC's "20/20" television news program of Friday, Nov. 19, 1993 (hosted by Hugh Downs and Barbara Walters and reported by John Stossel), where Ms. Anna Klimko, who obeyed the federal government's orders not to create a firebreak by plowing the brush in front of her house because doing so would damage the k-rat's burrows and therefore harm the k-rat, was kneeling in the ashes of her completely destroyed home and dreams, digging for possible remnants of family keepsakes.
Ms. Klimko looked up with tears streaming down her face and asked, "In three minutes, my house was fully consumed in flames and in seven minutes, everything was gone. For what? A rat?"