Liberty
Matters News Service
March 1, 2006
Measure 37 Upheld
The Oregon Supreme Court has upheld the validity of Measure 37, a private property protecting law passed by Oregon voters in the 2004 general election. The Measure requires that compensation be paid to a property owner whose fair market value was reduced as a result of restrictions placed on land use by state or local government land use regulations. The Measure allows the government to avoid paying compensation only if it decides not to apply the regulation to the affected land and to allow the owner to make any use of the land which was permissible when the regulation was put in place. The law was challenged by the state and some local governments on the grounds that it was unconstitutional. A trial court ruled it invalid, but on February 21, Oregon's high court reversed that decision, holding that neither the Oregon nor the United States Constitution prohibited the protection. The decision is a major victory for those property owners who desire to sell their land for development. But, Oregon voters need to keep a close legislative watch because the Court stated that such compensation was not required by either the state or federal Constitution. Instead, the Measure is legal as a legislative measure passed by the people, and, as such, it can be modified, altered, or repealed by the sitting legislature.
85 Groups Tell Senate to Protect Private Property
A letter signed by 85 national and state policy organizations was delivered to U.S. Senators demanding private property rights protections in any Endangered Species Act reform efforts. "Whatever action the Senate takes on ESA reform should reflect the national, bipartisan outcry for strong property rights protections," said David Ridenour, vice president of The National Center for Public Policy Research. The letter goes on to say: "…property owners who are denied the use of their land should be given 100 percent, fair market value compensation for losses" attributed to the enforcement of the Act. In another movement spearheaded by grassroots private property organizations, over 4,000 signatures have been gathered calling for the repeal of the Endangered Species Act. Those signatures will be delivered soon to the Senate, making clear that America's landowners cannot tolerate another 33 years of eroded rights and lost livelihoods under the guise of saving species. To sign the petition, go to www.stewards.us and click on the ESA petition, or call 1-800-847-0227.
Press Release: The National Center
for Public Policy Research
Senate in Muddle over ESA Reform
A group engaged by six senators last May to review and advise on how to reform the Endangered Species Act (ESA) has been unable to come to a consensus on the matter. The Keystone Center wrote the six senators the ESA "could do a more effective job of protecting and conserving the habitat that species need to recover," but the 23-member advisory board couldn't agree on how to accomplish the task. The senators are hoping to have an ESA authorization ready by the end of March but a spokesman for Sen. Lincoln Chaffee, (R-RI), chairman of the Senate Environment and Public Works Fisheries, Wildlife and Water subcommittee, said; "[T]he lack of a consensus does make it more difficult." A spokesman for Sen. James Inhofe, (R-OK), chairman of the Environment and Public Works committee, said the reform discussions have not relied completely on the Keystone report. "It's a key component but that hasn't prevented staff from working on other elements of the bill." Sen. Chaffee, apparently wanting to water down incentives for landowners included in House Resource Chairman Richard Pombo's ESA reform bill, has expressed concern that a House/Senate Conference Committee might adopt a compromise bill that would result in a "Pomboized" bill.
Group Stymied In Bid To Help On
Endangered Species Act
Domestic Terrorist Arrested
Rodney Coronodo, who has run afoul of the law the past few years as an animal rights terrorist, was arrested by the FBI in Tucson, AZ on Wednesday. His arrest stems from demonstrations during an August 2003 "revolution summer" in which he taught a group of activists how to make incendiary devices from ordinary household materials. Coronado offered similar classes to attendees of the "Conference on Organized Resistance" earlier that year at the American University in Washington, D.C. Coronado has already done time in prison for firebombing a research facility at Michigan State University. People for the Ethical Treatment of Animals (PETA) president, Ingrid Newkirk, "arranged ... days before the MSU arson occurred" for Coronado to send her overnight packages containing stolen documents from inside the lab and a videotape of the arson fire being started. PETA also gave Coronado over $70,000 for his unsuccessful legal defense. Coronado proudly defended his deeds in an interview with the San Diego Union-Tribune in 2005. "You're damn right when you say I've shown people how to make a firebomb," he said. Daniel Dzwilewski, special agent in charge of the San Diego FBI office told reporters: "America will not tolerate terrorists ...whether you were born here or abroad, we will not stand back and allow you to terrorize our communities under the guise of free speech."