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water</title></head><body>
<div>Jeff,</div>
<div><br></div>
<div>There is a huge difference between eminent domain as embodied in
the 5th Article of the US Constitution and the conservative political
agenda to extend that to "regulatory takings". We can and
should engage in that dialogue as those same out-of-state conservative
interests funnelled $337,500 into Idaho to place a very dangerous
initiative on the November ballot.</div>
<div><br></div>
<div>On its face, it purports to tighten the eminent domain loophole
opened last year by the US Supreme Court in the case of Kelso v New
London, CT in which the court ruled that private property could be
taken for the purposes of economic development as determined by the
local government. Fine and good as far as that goes, even though the
ID legislature already tightened up our laws in this last
session.</div>
<div><br></div>
<div>The danger is the second sentence in the proposed constitutional
amendment that would require cash compensation for anyone claiming a
supposed "regulatory taking" under Idaho's land use laws.
The usual actions that conservatives cite as cases where they
should be compensated are land use and environmental laws. Need a
water quality permit to discharge pollution into a stream and don't
like the requirements because they will cost you money to install
adequate controls? Claim a "regulatory taking" and, under
this initiative, get the taxpayer to pay for your pollution. Want to
build a hog farm but the zoning says residential only? Claim a
"regulatory taking" and get the taxpayer to pay you for your
"lost earnings". Are you a big timber company and have been
unhappy with having to leave some trees by streams under the
regulation of the Forest Practices Act? Claim a regulatory taking and
get the taxpayer to pay for the tree stumpage. The list goes on
literally forever.</div>
<div><br></div>
<div>The initiative as filed (<font
color="#000000">http://www.sos.idaho.gov/ELECT/INITS/06init08.htm</font
> ) focuses on land use laws: ie: planning and zoning. The likely
result if the initiative is passed and found constitutional (there is
the question of whether it is constitutional as initiatives are
restricted to one issue only) is either bankruptcy of local government
or the elimination of land use laws: a dream of many conservative
political activists.</div>
<div><br></div>
<div>I'll point out that Idaho tackled this issue a decade ago and
created a public review process for all actions that some would claim
as a "regulatory taking". We are being used in a very
deceptive manner by out of state conservatives to advance an extremely
radical agenda.</div>
<div><br></div>
<div>More later.</div>
<div><br></div>
<div><br></div>
<div>Mark</div>
<div><br></div>
<div><br></div>
<div><br></div>
<div>At 7:10 PM -0700 7/1/06, Jeff Harkins wrote:</div>
<blockquote type="cite" cite>Mark,<br>
<br>
Very useful information. I will respond to various issues
over the next few weeks. I will begin with this observation.<br>
<blockquote type="cite" cite>The Moscow-Pullman Airport is about to
undergo a renovation that will cost about $50,000,000 over the next 4
years. The expectation of spending that amount or more does not
seem out of line to deal with a possible water distribution problem
that could benefit tens of thousands of people and provide for the
economic growth we will require to sustain our prosperity here in the
Palouse.<br>
<br>
I am also pleased that in your list of conditions for siting a
reservoir that you include a requirement that any property owners be
compensated in a free-market type of exchange. I wish that a
similar concern had been used when the pressure to impose a water
management subzone was invoked on many of us landowners without any
proposed compensation for that property right taking.<br>
</blockquote>
<blockquote type="cite" cite>In any case, I look forward to a
continued dialogue on the water issue. I will do my best to
engage some appropriately credentialed water geologists and other
related scientists to help us understand the more critical elements of
this issue.</blockquote>
</blockquote>
<blockquote type="cite" cite><br>
<blockquote type="cite" cite>Again thanks for the
response.</blockquote>
</blockquote>
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