SwampMatt
Well-known member
I did not see any copyright notice on this newsletter I get a couple times a week, So I'm posting this whole. There's no link to it as far as I know, and any and all are encouraged to follow the link at the bottom of this post and get yourself added to this newsletter published by the Coalition for Property Rights (CPR).
While this does not relate directly to airboats, these issues do involve wetlands/waterways and the control of them... and may be ammo for our side in a future fight. This is a "Heads Up" for up-coming issues.
(my own comments inserted in red)
matt.
****************************************
Hot Summer for Property Rights
June 29, 2006
While many Floridians are using the summer months to vacation and soak up some sun, the summer winds seem to indicate we are entering a particularly active Property Rights season. In this week's edition, our update includes three state and national policy issues of considerable import and alerts for both Orlando and Orange County land owners.
Supreme Court Rules on Federal Wetlands Case
The U.S. Supreme Court recently ruled 5-4 in favor of property owners in an important national wetlands case. Two sets of Michigan land owners had challenging the U.S. Army Corps of Engineers' authority to regulate their properties due to the fact their lands were miles away and unconnected to any "navigable interstate waterways" which defines the basis for federal jurisdiction under the Clean Water Act.
The majority opinion was authored by Justice Antonin Scalia, who was joined by Chief Justice John G. Roberts Jr. and Justices Samuel Alito and Clarence Thomas in his opinion that the reach of the federal government should be limited. (YEA!!!) The case marked the first environmental test for the court's newest justices, Roberts and Alito.
However, while Justice Anthony Kennedy joined the majority, he refused to join four other justices in placing strong restraints on the reach of federal regulators. In his separate concurrence, Kennedy indicated the Corps can regulate only wetlands that have a ``significant nexus'' to a major waterway. In the absence of a true majority opinion by the Court, legal experts predict Kennedy's standard will be utilized by the lower courts, which means property owners will continue to face an improved but still rather muddy standard as to whether their properties fall under the jurisdiction of federal regulators. (boo)
CPR would like to commend property owners John Rapanos, June & Keith Carabell, and Harvey & Frances Gordenker for their personal courage in taking their fight for justice to our nation's highest court. It is also appropriate to congratulate the Pacific Legal Foundation and attorney Timothy A. Stoepker of the Dickinson Wright law firm in Detroit for their outstanding work in securing this national property rights victory. (See Rapanos v. United States, 04-1034, and Carabell v. U.S. Army Corps of Engineers, 04-1384.)
President Bush Steps Up On Eminent Domain
On the one-year anniversary of the Supreme Court's horrible decision in the Kelo v. New London eminent domain case, President George W. Bush issued an Executive Order which establishes a new federal policy limiting the use of eminent domain by federal agencies. The order states, "It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken." The order directs the Attorney General to instruct all federal departments and agencies on implementation and to monitor takings to ensure compliance. (I hope this Federal position trickles down to the state & county levels too)
Hometown Democracy Update
While the Florida Hometown Democracy Committee failed in their bid to put an anti-property rights proposition on the 2006 General Election ballot, they recently passed a critical hurdle in their efforts to place the measure on the 2008 ballot. The Florida Supreme Court has approved the text of amendment - which leaves the final hurdle FHD faces is amassing over 600,000 voter signatures. If you see this petetion, DO NOT SIGN IT!!!!!! CPR IN THE NEWS...On Wednesday, June 27, radio personality Bud Hedinger of WFLA AM 540 (an outspoken proponent of Hometown Democracy initiative) gave CPR the opportunity to share why the proposed amendment - which would require public referendum for any changes to land use designations - is bad news for Florida. Following the spirited radio debate, CPR issued a "Property Rights Challenge" to Bud. If CPR can convince him intellectually that this Amendment is a horrific idea, he will have CPR back on his show and publically admit his change of position!
Special Alert: Proposed Orlando Road Impact Fee Hike
This Friday, the City of Orlando will hold a special meeting to solicit input from property owners and members of the development community (June 30 from 2-4 p.m. at City Hall) on a very significant increase in road impact fees which affects all new residential and commercial development. The City Council has scheduled official public hearings on the ordinance (July 24 and August 28 at City Hall). CPR does not support impact fees which are simply a form of selective taxation. Responsible policy makers should seek to spread the cost of general public benefits (such as roads and schools) equitably and through broad-based taxation methods.
Special Alert: Orange County Lakefront Land Owners
The owners of undeveloped lakefront property in unincorporated Orange County should be aware of the current work of County's Environmental Protection Commission (a citizen's advisory board). Earlier this year, the EPC was asked "to evaluate access and boat capacity issues for lake systems in unincorporated Orange County." (Some of the St. John's River could possibly be defined as county waters along the border of Ornage & Brevard counties - maybe. I think this is aimed at residential lake areas, but if a county-wide limit on the number of boats on a waterway happens, airboaters may suffer - directly, or indirectly by the increased use of the river areas where folks who are restricted can only take their jetskis out to the river) Ultimately, the recommendations of the EPC may be used to create new county-wide regulations which would significantly restrict the rights of owners of undeveloped land to use their lakefront properties for recreational boating. Such regulation would ignore the reality that lakefront property owners very seldom have the opportunity or interest in using their boats all at the same time. Two public workshops will held on July 13 from 7-9 p.m. at Dr. Phillips High School and July 18 from 1-3 p.m. at Corner Lake Middle School.
Reader feedback welcomed! saviak@proprights.com
Carol Saviak
Executive Director
Coalition for Property Rights
2878 S. Osceola Avenue
Orlando, Florida 32806
Telephone 407-481-2289
http://www.proprights.com/
While this does not relate directly to airboats, these issues do involve wetlands/waterways and the control of them... and may be ammo for our side in a future fight. This is a "Heads Up" for up-coming issues.
(my own comments inserted in red)
matt.
****************************************
Hot Summer for Property Rights
June 29, 2006
While many Floridians are using the summer months to vacation and soak up some sun, the summer winds seem to indicate we are entering a particularly active Property Rights season. In this week's edition, our update includes three state and national policy issues of considerable import and alerts for both Orlando and Orange County land owners.
Supreme Court Rules on Federal Wetlands Case
The U.S. Supreme Court recently ruled 5-4 in favor of property owners in an important national wetlands case. Two sets of Michigan land owners had challenging the U.S. Army Corps of Engineers' authority to regulate their properties due to the fact their lands were miles away and unconnected to any "navigable interstate waterways" which defines the basis for federal jurisdiction under the Clean Water Act.
The majority opinion was authored by Justice Antonin Scalia, who was joined by Chief Justice John G. Roberts Jr. and Justices Samuel Alito and Clarence Thomas in his opinion that the reach of the federal government should be limited. (YEA!!!) The case marked the first environmental test for the court's newest justices, Roberts and Alito.
However, while Justice Anthony Kennedy joined the majority, he refused to join four other justices in placing strong restraints on the reach of federal regulators. In his separate concurrence, Kennedy indicated the Corps can regulate only wetlands that have a ``significant nexus'' to a major waterway. In the absence of a true majority opinion by the Court, legal experts predict Kennedy's standard will be utilized by the lower courts, which means property owners will continue to face an improved but still rather muddy standard as to whether their properties fall under the jurisdiction of federal regulators. (boo)
CPR would like to commend property owners John Rapanos, June & Keith Carabell, and Harvey & Frances Gordenker for their personal courage in taking their fight for justice to our nation's highest court. It is also appropriate to congratulate the Pacific Legal Foundation and attorney Timothy A. Stoepker of the Dickinson Wright law firm in Detroit for their outstanding work in securing this national property rights victory. (See Rapanos v. United States, 04-1034, and Carabell v. U.S. Army Corps of Engineers, 04-1384.)
President Bush Steps Up On Eminent Domain
On the one-year anniversary of the Supreme Court's horrible decision in the Kelo v. New London eminent domain case, President George W. Bush issued an Executive Order which establishes a new federal policy limiting the use of eminent domain by federal agencies. The order states, "It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken." The order directs the Attorney General to instruct all federal departments and agencies on implementation and to monitor takings to ensure compliance. (I hope this Federal position trickles down to the state & county levels too)
Hometown Democracy Update
While the Florida Hometown Democracy Committee failed in their bid to put an anti-property rights proposition on the 2006 General Election ballot, they recently passed a critical hurdle in their efforts to place the measure on the 2008 ballot. The Florida Supreme Court has approved the text of amendment - which leaves the final hurdle FHD faces is amassing over 600,000 voter signatures. If you see this petetion, DO NOT SIGN IT!!!!!! CPR IN THE NEWS...On Wednesday, June 27, radio personality Bud Hedinger of WFLA AM 540 (an outspoken proponent of Hometown Democracy initiative) gave CPR the opportunity to share why the proposed amendment - which would require public referendum for any changes to land use designations - is bad news for Florida. Following the spirited radio debate, CPR issued a "Property Rights Challenge" to Bud. If CPR can convince him intellectually that this Amendment is a horrific idea, he will have CPR back on his show and publically admit his change of position!
Special Alert: Proposed Orlando Road Impact Fee Hike
This Friday, the City of Orlando will hold a special meeting to solicit input from property owners and members of the development community (June 30 from 2-4 p.m. at City Hall) on a very significant increase in road impact fees which affects all new residential and commercial development. The City Council has scheduled official public hearings on the ordinance (July 24 and August 28 at City Hall). CPR does not support impact fees which are simply a form of selective taxation. Responsible policy makers should seek to spread the cost of general public benefits (such as roads and schools) equitably and through broad-based taxation methods.
Special Alert: Orange County Lakefront Land Owners
The owners of undeveloped lakefront property in unincorporated Orange County should be aware of the current work of County's Environmental Protection Commission (a citizen's advisory board). Earlier this year, the EPC was asked "to evaluate access and boat capacity issues for lake systems in unincorporated Orange County." (Some of the St. John's River could possibly be defined as county waters along the border of Ornage & Brevard counties - maybe. I think this is aimed at residential lake areas, but if a county-wide limit on the number of boats on a waterway happens, airboaters may suffer - directly, or indirectly by the increased use of the river areas where folks who are restricted can only take their jetskis out to the river) Ultimately, the recommendations of the EPC may be used to create new county-wide regulations which would significantly restrict the rights of owners of undeveloped land to use their lakefront properties for recreational boating. Such regulation would ignore the reality that lakefront property owners very seldom have the opportunity or interest in using their boats all at the same time. Two public workshops will held on July 13 from 7-9 p.m. at Dr. Phillips High School and July 18 from 1-3 p.m. at Corner Lake Middle School.
Reader feedback welcomed! saviak@proprights.com
Carol Saviak
Executive Director
Coalition for Property Rights
2878 S. Osceola Avenue
Orlando, Florida 32806
Telephone 407-481-2289
http://www.proprights.com/