Developer Initiative launched in Washington
Land speculators and property rights extremists launched their effort to bring a Developer Initiative to Washington this month. Also known as a takings initiative, the proposal requires that local governments pay property owners if land protections affect their property values, or waive the protections.
Inspired by the passage of Measure 37 in Oregon, development interests are seeking to cut giant loopholes in the Growth Management Act. The effort is spearheaded by the State Farm Bureau – an organization known more for serving land speculators that helping farmers.
By requiring governments to pay property owners for any rules that affect what they can do on their land, the initiative would make it generally impossible and unaffordable to protect communities from irresponsible overdevelopment.
The initiative supporters have three basic goals:
- To undermine and weaken local laws intended to protect environmentally sensitive areas and limit sprawl and overdevelopment.
- To carve major loopholes ino the State laws that require those protections.
- To change the definition of what kinds of limits on private actions are politically reasonable – redefining the balance between community responsibility and individual self-interest in a very frightening way.
Stopping this initiative will be Futuewise’s highest priority during the next year. The policies and protections at stake are exceptionally important to our environment and quality of life. The political climate is also very important. Our opponents are attempting to create a political environment where it is unreasonable for communities to place meaningful limits on highly environmentally destructive private actions.
The Farm Bureau is doing their best to downplay a recent court ruling declaring Measure 37 unconstitutional. In October Judge Mary James of the Marion Circuit Court ruled that Measure 37, a sweeping takings initiative, was unconstitutional. In a practical sense, the judge ruled that Measure 37 violates a number of major legal and constitutional requirements designed to protect people from harm, and to allow governments to protect public health, welfare, and safety. The judge also very clearly ruled that measure 37 violates neighbor’s due process rights to protect themselves.
The litigation was brought by 1000 Friends of Oregon, Senator Hector MacPherson and landowners and farmers in Oregon. The decision was based both on the Oregon Constitution and the United States Constitution, which would apply to a similar initiative in Washington.
As Washington prepares to face a similar measure on the ballot in 2006, Futurewise is organizing a broad coalition to oppose any such initiative. Conservation groups, labor unions, and other interests are stepping forward to oppose the measure.
To join the coalition, learn how you can help, or if you’d like more information about what’s happening in Oregon or Washington please contact Aisling Kerins at aisling(at)protectcommunities.org.
This article is republished courtesy of Earth Share organization Futurewise:
Developer Initiative launched in Washington
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