[Vision2020] Statesman's Popkey on Prop 2

[Mark Solomon]

Popkey: Prop 2 will move local planning issues to the courts
Dan Popkey
The Idaho Statesman | Edition Date: 10-08-2006


If you're confused by the hype suggesting government's about to seize 
your home and church, take a look at the people behind the 
Proposition 2 campaign.

This, dear reader, is a case where the company one keeps is more 
telling than claims made in scary radio spots.

Opponents of Prop 2 are mainstream: small and big business, 
conservationists, cities and counties, and leading officials 
including Gov. Jim Risch, former Gov. Phil Batt, House Speaker Bruce 
Newcomb and Senate GOP Caucus Chairman Brad Little.

"We support private property rights," said Alex LeBeau, president of 
the Idaho Association of Commerce and Industry. "But the devil's in 
the details, and there are a lot of devils in this thing. I hope 
people vote no."

Proponents are led by Laird Maxwell, a government hater who makes his 
living attacking solid citizens like Supreme Court Justice Linda 
Copple Trout and former Transportation Board Chairman Chuck Winder. 
In his spare time, Maxwell opposes school bonds, fights measures like 
the Boise Foothills levy and purges moderates from the GOP.

He got Prop 2 on the ballot for one reason: New York real estate 
mogul Howie Rich spent $330,000. Paid signature gatherers said 
government could take citizens' homes if they didn't sign; more than 
47,000 signatures were swiftly collected, putting the legislation to 
voters. Rich-backed measures in five other states have been pulled 
from ballots for various reasons, including signature-gathering fraud.

But on Nov. 7, Idahoans will pass judgment on Prop 2, the misnamed 
eminent domain initiative that many smart people believe could gut 
local planning and zoning. Prop 2 would require taxpayers to pay 
property owners when land-use regulations place limits on 
development, including type of use, height, density, bulk, design and 
other restrictions that make our neighborhoods nice.

"This initiative threatens to unravel the good efforts of 
citizen-driven committees and local governments to shape the fabric 
of their communities," said Paul Kimmell, chairman of the anti-Prop 2 
group, Neighbors Protecting Idaho. Kimmell also runs the Moscow 
Chamber of Commerce and is a Latah County commissioner.

Nampa Mayor Tom Dale is treasurer of the anti-Prop 2 effort. "There 
are no churches being seized in the state of Idaho, and there never 
will be because the Legislature has taken care of it. This is a sham. 
Voters will figure that out."

I wish I shared Dale's optimism that this well-heeled out-of-state 
assault on local control will fail. Prop 2 backers have hitched their 
wagon to the infamous 2005 Kelo case, in which the Supreme Court case 
found a Connecticut city could take private land and turn it over to 
redevelopers.

What Maxwell doesn't say is that our Legislature headed off any such 
action here, unanimously passing H.B. 555 in March and banning 
governments from claiming private property for commercial use.

"We took care of it," said Speaker Newcomb, who points out that parts 
of Prop 2's section on eminent domain were taken verbatim from the 
new law. "If this initiative passes, I'm not sure you could prevent 
somebody from putting a pig sty across the property line from your 
house in Boise without going to court to seek a cease-and-desist 
order."

Lawyers on both sides advance mind-numbing arguments about what the 
measure means. They'll have ample work should Prop 2 pass. On Friday, 
proponent Heather Cunningham debated opponent Jerry Mason. I found 
Mason persuasive, including his assessment that Prop 2 creates a 
system for claims to government funds unmatched in any of the 50 
states.

Attorney General Lawrence Wasden warns of legal confusion. "This has 
a strong likelihood of resulting in a significant amount of 
litigation to fully define the boundaries of this proposed statute," 
says Wasden's review of Prop 2.

Gov. Risch agrees. "It's going to take considerable and very 
expensive litigation to figure out what it says. The bottom line is 
we've got state laws already that say the government can't take your 
property."

Under Prop 2, issues now settled in our neighborhoods, city councils 
and county commissions will shift to a new venue - the courts. 
"You're pitching out your city council and planning and zoning 
commission and replacing 'em with trial lawyers," said Sen. Little.

The campaign against Prop 2 organized just three weeks ago and faces 
a decided disadvantage against Maxwell's inflammatory and expensive 
radio campaign. Frustrated by the uncertain interpretations of Prop 
2, I turn to people I trust.

People like George Iliff, chairman of the Boise Metro Chamber of 
Commerce. "It's morally and ethically irresponsible for them to scare 
people about losing their homes."

Or Ron Whitney, a homebuilder and president of the Building 
Contractors of Southwestern Idaho. Some builders would see short-term 
gains under Prop 2, But Whitney's invested for the long haul. 
"Quality growth is what we need; otherwise, people aren't going to 
want to live here."

Unlike Howie Rich, folks fighting Prop 2 have a stake in Idaho. 
Here's hoping we don't let Rich's riches wreck our neighborhoods.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20061008/6542fcc0/attachment-0001.htm