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Agenda - 08-17-1999 - Other
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Agenda - 08-17-1999 - Other
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2 .. <br />~o~~~ntji News, August 9,1999' <br />'Takings' legislation back in Congc'ess <br />BY 1)IANG S. SIIIiA <br />ASSOCIATE LEGIS[A77VE DIRECTOR <br />signatures from members who be- <br />lievethat local governments are abus- <br />ing the rights of property owners. <br />NACo, along with other local gov- <br />ernmentorganizations,state attorneys <br />general and environmental organiza- <br />tions, is strongly opposed to H.R. <br />2372. The Senate is looking at simi- <br />lazlegislation in S. 1028, introduced <br />by Sen. Omn Hatch (R-Utah). <br />The bills are being pushed again <br />by developers, represented by the <br />National Association of Home B ud d- <br />ers, who object to airing their con- <br />cerns with local zoning boards and <br />state courts. Property rights groups <br />have weighed in again also, com- <br />plaining about the "administrative <br />hurdles" that they must overcome. <br />H.R. 2372 and S. 1028 would <br />shift the authority over local land use <br />decisions away from local and state <br />authorities to [he federal courts. It <br />would encourage property develop- <br />ers to intimida[ecounty officials with <br />the threat of a federal lawsuit. <br />The bills would also consider a <br />claim "ripe," or ready for federal <br />court action if the property owner <br />obtained a definitive local decision <br />regarding the extent to whic}I the <br />property may be used, and the prop- <br />erty owner was denied at least one <br />appeal. However, if the prospects <br />for success aze "futile," the property <br />owner may omit the appeal. <br />The bills would also prevent <br />courts from using their discretion to <br />"abstain" fromhearing azoning case, <br />which courts have traditionally ex- <br />ercised when accepting such a case <br />would interfere with the state court <br />proceedings or force them to con- <br />siderconstitutionalquestions unnec- <br />essarily. Finally, the bills would, <br />eliminate the requirement drat aprop- <br />ertyowner pursue a state court com- <br />pensation process before filing a <br />claim in federal court. <br />Counties and cities were able to <br />prevent a takings bill from reaching <br />stain from intee~rvening in local ad- <br />ministrative prc ~ceedings until all <br />state and local r~?~lrledies have been <br />exhausted. ' <br />This system ensu~~es a proper bal- <br />ance between the fe:decal and state <br />A bill to give property owners <br />expedited access to the federal courts <br />for a regulatory "taking" of their <br />property was introduced on June 29 <br />by Rep. Charles Canady (R-Fla.), <br />chairman of the House Judiciary <br />Committee, identical to the bill that <br />passed the House in 1997 by a 248- <br />178 vote, H.R. 2372 would allow <br />developers to circumvent local zon- <br />ingappeals mechanisms, bypass state <br />courts and sue counties for alleged <br />"takings" in federal court. <br />The bill has 12 co-sponsors to date <br />and supporters are quickly gathering <br />~~~~~~ <br />Deaz Editor, <br />I wanted to let you know how valuable the recent NACo Confer- <br />ence was in St. Louis. The workshops I attended were valuable and <br />the quality of speakers at our General Sessions was outstanding. <br />I'd like to particularly compliment you on the workshop "Counties <br />Supporting the Arts." As a society, l believe we have cotne a long way <br />in recognizing that the arts perform au integral role in our daily lives. <br />Whether used to improve math and science scores, to help troubled <br />kids overcome their difficulties, or to help abused women and <br />children cope and recover from their situations, the arts are central to <br />who we are. <br />I also took the field trip to the Guardian Angels building, where <br />the arts are used in dealing with kids, seniors, deadbeat dads, gang <br />members and others to improve their lives in many ways. This trip <br />was the most valuable pazt of the entire conference for me. I can't <br />express the impact it had on my thinking about what we can do in <br />our communities in Central.Oresron_ , <br />_ :... .- <br />~~ <br />H.R. 2372 and S. 1028 wbould shift the autr~ority~ <br />over local land use decisions away from Ic:~~cal <br />and state authorities to the federal courts ~ It <br />would encourage property developers to ~`' <br />intimidate county officials with the threat off' a <br />1 <br />federal lawsuit. ~ <br />the president's desk last yeaz, but governments and protects thf~1-pte- <br />the"anti-local governmentlanduse" rogative of local elected officials to <br />atmosphere in Congress makes suc- act in the best interest of the entire <br />cess less sure this year. community. <br />Under NACo policy, H.R. 2372 Counties should write, p~ione, fax <br />and S. 1028 aze contrary to prin- ore-mail(http://congress.n~.dc.us/ <br />ciples of federalism and devolution naco/congdir.html) their r~presen= <br />-precepts the Congress claims to tatives' and senators' officexs to ex- <br />support but often fails to practice. press opposition to H.R. 2371 and S. <br />Federal courts traditionally ab- 1028. <br />Tax bi II ost oned 'ti I after recess <br />p p <br />Contains ~ NACo-sponsored provisions on tax ~xem~t bonds <br />~ .-.,_ c ~ .... . r .:,{,qt .: "}sr,+.oa.o , r.. ;~c•12'Ff i<~,:\'tto <br />BY Rnl,ru TAOOR In the past, even five-year bud- BOrid'proVlSlonS <br />ASS'OCIATELF.'GISUIT/VEDfREC7'OR get projections have been treated The House-Senateconferencebill <br />The House and Senate were ex- skeptically by many economists would phase in a 50 percent increase <br />pected to approve along party lines a because of the track records of CBO over five years for state volume caps <br />compromise $800 billion tax-cut- and OMB. Recently, both agencies on private activity bonds starting <br />ling bill last week. have had difficulty in correctly fore- Jan... 1, 20o0...Iacr_..P~r_ ~ -- --- - <br />ThedetailcofrhPl...sor~•.----__._~ ---• <br />
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