Browse
Search
Meeting 111695
OrangeCountyNC
>
BOCC Archives
>
Advisory Boards and Work Groups - Inactive
>
Stoney Creek Work Group
>
Meeting 111695
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/1/2018 5:17:41 PM
Creation date
8/1/2018 11:42:13 AM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
29
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
for less onerous alternatives to achieving <br />regulatory goals or to calculate the cost of <br />compensating a landowner if it becomes <br />necessary under federal law. <br />A few states do have compensation laws <br />on the books. In Louisiana, Mississippi, <br />North Dakota and Texas, the laws allow <br />landowners to sue governments for com- <br />pensation when the value of a parcel of <br />land is reduced by a certain percentage, <br />ranging from 20 percent in Louisiana to 50 <br />percent in North Dakota. But the laws are <br />not comprehensive in scope: Louisiana's <br />and Mississippi's apply only to agricultural <br />or forest land. In May, Florida passed a <br />narrowly tailored compensation bill with <br />no percentage specified. It includes a <br />mediation element to settle disputes. <br />What has happened in most states is <br />that the property rights revolution has <br />encountered fiscal reality. Many of those <br />who sympathize with property owners' <br />cries for compensation have balked at <br />price tags that could total millions of dol- <br />lars even for small local governments. <br />"It's a hot political issue," says David <br />Broadwell, staff attorney with the <br />Colorado Municipal League, "but <br />when people start <br />crunching the <br />numbers �� <br />Ralph Butler illustration <br />on how much it will cost, either through <br />administrative requirements or direct <br />compensation, it causes people to gag a <br />little." <br />The gag reflex was at work in Col- <br />orado, where takings bills died in the <br />House Appropriations Committee in <br />1994 and 1995. Analysts told the lawmak- <br />ers that this year's bill would cost nearly a <br />million dollars for administrative work <br />alone in the first year. Costs for compen- <br />sating landowners were pegged at $19 <br />million a year —and those were consid- <br />ered conservative estimates. <br />In New Hampshire, a consultant <br />working for environmental groups esti- <br />mated that takings laws under considera- <br />tion in 1993 and 1994 would have forced <br />the town of Dunbarton to shell out about <br />$2 million -118 percent of the annual <br />budget for the town of 1,800. Laconia, <br />with 16,000 people, would have faced a <br />price tag of $8 million. The numbers <br />were based on the assumption that tak- <br />ings claims would be made for only 2 <br />percent of the vacant developable land in <br />the communities. The bills were <br />defeated, as was a milder impact - <br />assessment measure introduced <br />this year. <br />nents of a property rights initiative on <br />next month's ballot are predicting huge <br />financial consequences if it passes. The <br />ambiguously written measure seems to <br />make state and local governments liable <br />to landowners for any decrease in the <br />value of their property resulting from <br />government actions; some are interpret- <br />ing that to mean that the owner of a <br />$100,000 piece of land whose value was <br />diminished by 10 percent would be enti- <br />tled to $10,000 in compensation. <br />The state's Office of Financial Man- <br />agement did a study of 14 small jurisdic- <br />tions and concluded that the biennial cost <br />of preparing the necessary economic <br />analyses of regulations would be $207 <br />million —even before the first compensa- <br />tion check was cut. Another 250 counties, <br />cities and special purpose districts also <br />would be affected. <br />The potential costs and administrative <br />burdens have drawn the opposition of the <br />Environmental and Land Use Law Sec- <br />tion of the Washington Bar Association. <br />"It seems to take a nuclear bomb <br />approach to solving the problem," says T. <br />Ryan Durkan, who heads the section. <br />Stories are even circulating about land <br />speculation — supposedly, speculators are <br />snapping up parcels of land in hopes of a <br />bonanza in compensation payments if the <br />initiative passes. <br />For the most part, though, it is advo- <br />cates of property rights laws who are <br />telling the horror stories. <br />In Washougal, Washington, Lois <br />Jemtegaard told the local newspaper <br />about being unable to sell a 20 -acre par- <br />cel of pasture on property she and her <br />husband had been amassing in pieces <br />since 1938. When prospective buyers <br />wanted assurance they could build on the <br />property, Jemtegaard inquired about a <br />building permit. She was told she would <br />be unable to get one because Con- <br />1_ gress had designated the property <br />as a national scenic area in 1986. <br />�. Her property's value plum- <br />meted. <br />A farmer in Camden <br />.•r <br />County, North Carolina, <br />told a congressional panel <br />-he was prevented from farm- <br />�=ing more than 300 acres <br />because they were classi- <br />«c- <br />fled as wetlands. A devel- <br />oper from Wayne County, <br />North Carolina, testified he <br />was unable to turn his cattle <br />farm into a $5 million golf course <br />
The URL can be used to link to this page
Your browser does not support the video tag.