Liberty Matters News Service
July 3, 2001
The Supreme Court
ruled, last week in Palazzolo v. Rhode Island, when environmental
regulations diminish the value of property,
“government can be required to compensate them [landowners] for
interfering with their ability to develop the land.”
In a 5-4 decision, the majority decided that even though people
buy land that they know is subject to environmental zoning regulations,
“they can amount to a ‘taking’ from the new owner and require
compensation by the government.” The Rhode Island landowner who brought the case did not
prevail on all issues raised, but property rights advocates believed the
ruling demonstrated a victory for property owners seeking to restrain
government meddling in their private lands.
Palazzolo
v. Rhode Island
Landowners Gain New Protections
Washington
Couple Can Finish Building Home
The Washington
State Supreme Court unanimously ruled in favor of Brian and Jody Bea in Skamania
County v. Columbia River Gorge Commission, allowing them to finish
work on their dream home overlooking the Columbia Gorge.
The Beas received permission from Skamania County to build their
home in 1997 on property homesteaded by Brian Bea’s great grandfather.
After the deadline for appeals to the County Board of Adjustment had
lapsed, the Gorge Commission ruled the county erred in granting approval
for the building in the federal
scenic area and the trouble began.
The court chided the commission for not acting in a timely
fashion. Chief Justice
Gerry Alexander wrote: “The
litigation…could have been avoided had the Gorge Commission become
involved in the process earlier. The
law does not authorize the Gorge commission to collaterally invalidate
final county land-use decisions.”
“This is a victory for local control and property rights,”
said Brad Anderson, Skamania County prosecutor.
A Win
For Private Property
John
Stossel, Lone Ranger for Environmental Truth
Last Friday,
ABC’s 20/20 aired a program by John Stossel called “Tampering With
Nature.” Stossel
attempted to show how children are being brainwashed in our schools
about the environment. But,
when the Environmental Working Group (EWG) complained to the network,
Stossel had to edit his report. “I
call them the totalitarian left. They
want to silence people who criticize them,” said Stossel.
EWG convinced parents of schoolchildren interviewed by Stossel to
contact ABC and withdraw their permission to use the segment on air.
ABC reluctantly complied, but refuted EWG’s charges that
Stossel misled the parents, saying; the interview was “conducted in a
professional and responsible manner according to the highest
journalistic standards.” Eric
Mink, writing for New York Daily News served up a mess of literary
balderdash, in which he accused Stossel of questioning the children
until he got material he could edit to support his “position that
schools are force-feeding kids false and frightening information about
environmental dangers.” Mink
is calling for Stossel’s ouster.
Contact ABC at 212-456-7777 and thank them for running the report
and support John Stossel for his courage
Stossel
Blasts Enviro Critics
Stossel's
Segment Yanked
White House Using
Polls for Environment
When
he arrived at the White House, President Bush indicated he would not use
polls as his predecessor did to determine policy, but apparently
that’s not true when it comes to the environment.
Concerned about his “weakest issue,” Bush spoke last week on
the banks of a lake in Oak Mountain State Park in Pelham, Alabama about
federal environmental and conservation programs.
Moving towards funding states’ conservation programs, Bush
said: “I believe we need to give states new flexibility on how to
manage their conservation and resources.
You could use the money to buy parkland; you can use it to
protect endangered species…” Bush then talked about full funding of
the federal Land and Water Conservation Fund to the tune of $900 million
annually saying: “For a long period of time, the federal government
has been falling short on its commitment to this fund…And that’s not
fair, and under the budget I have submitted to Congress, that practice
will stop.” It’s hard to say which is worse, Bush’s commitment to the
Land and Water Conservation Fund or his potential backing of the
Conservation and Reinvestment Act.
CARA would allocate 45 billion over 15 years, a large part of
which will go directly to the Land and Water Conservation Fund for
acquisition of private land.
This
week, members of Liberty Matters, Stewards of the Range, the American
Land Foundation and subscribers to the McElhaney Report will receive the
latest edition of Liberty Matters Journal featuring Benjamin Franklin.
Over the next few weeks you will also receive a package containing a letter to President Bush that you can sign to persuade him to oppose H.R. 701, the Conservation and Reinvestment Act now pending in Congress. This letter is the first part of a campaign we are launching to get President Bush back on track with property rights.