Liberty
Matters News Service
January 11, 2007
IRS Examines Conservation Easements
Colorado land trusts are worried that the IRS might find their deals to lock up vast areas of the state illegal. IRS officials say that only conservation easements that provide habitat protection for endangered or threatened species use qualify for property tax reductions. Will Shafroth, head of the Colorado Conservation Trust, disputes that interpretation. "The definition of qualifying land in the IRS code itself is 'relatively natural habitat,'" he said. The Trust sent a letter to Sen. Ken Salazar complaining that the IRS view "could damage the integrity of hundreds of legitimate conservation efforts across Colorado, as well as thousands across the country." The agency has audited 250 Colorado tax returns that claim conservation easement breaks and says most don't meet the law or have high appraisals. The agency's actions could have a chilling affect on future conservation easements. John Swartout, head of Great Outdoors Colorado, said, "The fear is: do a conservation easement and you get an IRS audit." Not to worry land trusts, the new Treasury Secretary in charge of the IRS is Henry Paulson, who prior to his Bush-appointed position was, you guessed it, chairman of The Nature Conservancy that was being investigated for questionable deals.
IRS Threatening Easement
Deals
A Favor from the Godfather
Bart Didden was made an offer he couldn't refuse, but he did. Didden had plans to build a CVS pharmacy on property he owns in Port Chester, NY. He even obtained approval from the local planning board, but, he was told he would also have to get approval from officials of the development company, G&S Port Chester. Gregg Wasser, of G&S told Didden he could build his pharmacy only if he paid G&S $800,000 for the privilege or gave them a 50% stake in the business. If he didn't like the terms, Wasser said, they would start eminent domain proceedings. Didden refused and the next day the Village of Port Chester began the process to seize his property by eminent domain. G&S is able to wield such power through an agreement made with the Village of Port Chester in 1999, that gave the developer exclusive rights to build and profit from the 27-acre project. Didden sued Port Chester and G&S in federal court where the case was dismissed because he didn't file the suit within 30 days after the development contract was approved. The Institute of Justice has appealed Didden's case with the U.S. Supreme Court hoping the Court will redeem its infamous Kelo decision by ruling for Didden. Dana Berliner says if the lower court's ruling is allowed to stand, "it would mean that every redevelopment area in the country would be a Constitution-free zone."
The Goal is Freedom: Extortion in Port
Chester
Next Big Test of Power to
Seize Property?
Sportsmen Join Trapping Lawsuit
The U. S. Sportsmen's Alliance Foundation (USSAF) has asked permission to enter into a federal lawsuit opposing the Animal Protection Institute (API). API, an anti-hunting organization, sued the Maine Department of Inland Fisheries and Wildlife to "expand endangered and threatened species protections to healthy and abundant wildlife populations" by seeking a ban on trapping to avoid the possibility of capturing Canada lynx, eagles and grey wolves. "Our goal," said Rob Sexton of USSAF, "is to prevent the animal rights movement from manipulating the Endangered Species Act to ban hunting, fishing and trapping. If the anti's can stop all trapping in a place where there is a risk of catching a Canada lynx, they can just as easily try to stop fishing…where there is a risk of catching an endangered species of sturgeon," Sexton continued. USSAF has joined two similar lawsuits against the Minnesota Department Natural Resources.
U.S. Sportsmen's Foundation Joins
Lawsuit to Save Hunting
Big Brother Is Watching
Rural Idaho residents are not receptive to the latest intrusion on their privacy by the federal government. Unmanned drones will be used by the Bureau of Land Management to fly over the vast stretches the forests and plains of eastern Idaho to help monitor vegetation and streams in the sparsely populated area, but "there were no immediate plans to use them for law enforcement." "It would be like the environmentalists sneaking up on you," said Wayne Butts, Custer County Commissioner. "They may be taking pictures of a plant or two, but where does it stop? Do we have to grab our pitchforks and our guns?" Melodie Baker, a sixth generation rancher, doesn't trust the government's motives. "Every time the government comes up with something that's supposedly helpful, it ends up causing problems and is detrimental to ranchers," she said. [The collected data] "would be used the wrong way," she fears. Environmentalists love the plan. Jon Marvel, executive director of Western Watersheds Project said, "[M]ore supervision to ensure the terms and conditions of permits to use public lands is always a good idea." Marvel is dedicated to removing ranchers from public lands.
Proposal to Send Drones over Idaho
Raises Hackles
Training Seminar: Yreka, California, February 16-17, 2007
Following up last November's Unite to Fight property rights conference in Salt Lake City, Utah, Stewards of the Range and the American Land Foundation, along with local host People for the USA-Grange, are holding a two-day, in-depth training seminar for local action. Attendees will learn how to develop, pass and enforce a "Coordination Plan" in their area, one of the key strategies discussed at last years forum. For more information go to www.stewards.us or call 1-800-700-5922.