Liberty Matters News Service     

7 June 1999

U.S. Supreme Court Hands Landowners a Victory

By a 5-4 vote the United States Supreme Court ruled on May 24 that landowners who sue local governments over land-use regulations are entitled to a trial by jury. The case, City of Monterey v. Del Monte Dunes, centered around plans for a 37 acre residential complex. The city of Monterey had disallowed development on the beachfront saying the area was the native habitat for various plants, animals and the "endangered" Smith Blue Butterfly. A jury found that the city’s action amounted to a regulatory taking and awarded $1.45 million in damages. The city appealed claiming that allowing a jury trial "violated historical practice." The Supremes thought differently. This decision may well be the most important one to be issued to date. We have long believed that if regular citizens had to sit in judgment of these draconian laws, common sense would prevail. Faxback Doc. 409.

Senate Bill Threatens Private Land

S. 1085, The Community Forestry & Agricultural Conservation Act, has been introduced by Sen. Patty Murray (D-WA). The plan will enable local non-profit environmental groups, as well as local, state and federal "conservation organizations" to buy land and easements for which local governments would issue tax-exempt revenue bonds. Murray noted that her bill will allow these "forest and agricultural-based non-profits the same benefits as those that issue bonds for construction of hospitals or colleges." Between HR 701/S25 and this legislation, the next Endangered Species to be listed will be the American private landowner. Faxback Doc. 410

Hage Takings Hearing Monday

The final hearing on the property rights phase of the takings case for Hage v. United States will be held Monday and Tuesday in San Francisco, California. The US Court of Federal Claims issued a favorable Preliminary Order following trial last fall agreeing that Hage held water rights, rights of way, and forage rights – rights the federal land management agencies have been trying to erode on the federal lands for the past 80 years. Hage is hopeful the court will further decide that Hage owns all the forage within his grazing lands and owns the surface estate of his allotments. The next phase of the trial is where plaintiffs will show how the enforcement of the many environmental laws, rules and regulations caused the taking of Pine Creek Ranch without just compensation. The court recently slapped the Department of Justice for filing frivolous briefs and ordered them to be stricken from the record and warned the government attorneys that if they continued to violate the court’s rules of procedure the court would consider filing sanctions. Nice bonus for the plaintiffs as the government’s frivolous actions have been driving the cost of the case up significantly. Faxback Doc. 411

New York Concerned About Rattlesnake Stress

Jay Montfort is learning first hand how dangerous the endangered species laws really are. In New York, the Timber Rattlesnake, one of the most deadly varieties, is a protected species under the state’s Endangered Species Act. In order to keep the snakes off his property, he began construction of a four-foot high fence around the perimeter while the snakes were in hibernation. The State Agencies persuaded a judge to halt the construction of the fence in March and asked the court to order the remaining fence be removed. There is a rattlesnake den only 260 feet away from Montfort’s property. According to an AP news article, "the state claims the fence would have the effect of ‘disturbing, harrying and worrying’ the dozens of snakes." A state wildlife biologist said in court papers "the fence would block the snakes from their usual places to hunt, bask in the sun and reproduce, and would probably cause them ‘physiological stress’." Faxback Doc. 412