League of Kentucky Property Owners
Annual Meeting

Wednesday, October 23, 2002
6:30 p.m Social Hour - 7:30 p.m. Program
Boone County Extension Center
6028 Camp Ernst Road (Rt. 237) 3.0 miles west of 1-75 off Rt. 18
Open to the Public - No admission fee required
New Members can register at the door
No dress code - come as you are!

Keynote Speaker - Gary W. Moore, Boone County Judge-Executive
Introductory Speaker - Jeff Edgens, Ph.D., Director of Morehead State

Join us on October 23 to hear Judge Gary Moore deliver a special message on the "Importance of Property Rights in our World." Gary W. Moore who was elected Boone County Judge/Executive, the highest elected office in county government, in November, 1998. Boone County is the eighth largest and the fastest growing county in the Commonwealth of Kentucky. Prior to his service as Judge/Executive, Judge Moore compiled a distinguished record in private business and public service.

In addition to his current responsibilities with county government, Judge Moore also serves on the Board of the Tri-County Economic Development Corporation, the Convention and Visitors Bureau, the OKI Regional Council of Governments, the Northern Kentucky Area Development District, the Board of Advisors of the Northern Kentucky Chamber of Commerce, and the Foundation of Northern Kentucky University.

Our introductory speaker will be Jeff Edgens, Ph.D., who was a public policy specialist with the University of Kentucky and present Director of Morehead State University's Jackson Campus, His speech will focus on "How Government Regulation Impacts Private Property Rights, Farmland Preservation, and the Economy."

Previous to serving as Morehead State University's first director of its Jackson Campus, Dr. Edgens taught as a natural resources policy specialist in the University of Kentucky's Department of Forestry, assisting the development of policy for Kentucky's Cooperative Extension Service. He is a member of the Breathitt County Forestry Committee and the Breathitt County Action Team.

Thanks to many of our Board and general members who attended the recent OKI meeting on September 17th at Ryle High School. It was hosted by the Ohio-Kentucky-Indiana Regional Council of Governments (OKI).

The OKI presenter stated: "The region is consuming land five times faster than population growth." If this is true, it is for two reasons. First, more people today prefer bigger houses on bigger lots, and secondly, some "growth management" tools utilized by well-meaning townships and municipalities actually prevent builders from building higher density neighborhoods. And this takes more land thereby causing more sprawl.

There was concern expressed by OKI that there is too much farmland being lost to development, and how this is causing an "economic impact" on our region. But according to the U.S. Department of Agriculture, the amount of land used today for farming crops is virtually identical to what was used 50 years ago. Just because land is zoned agricultural does not mean it is good farmland or that it is even used for farming.
We don't need the regional planners of OKI to solve our "problems." Boone Countians have an average household income that is the highest in Northern Kentucky and higher than most of Greater Cincinnati. Growth has been good for Boone County and there's plenty of room for more in a Free Market atmosphere. Boone County is doing very well overall and we need to continue our government and planning at the local levels---those closest to the community. There is no evidence that demonstrates OKI is better suited or even needed to provide the kinds of homes and communities people want.

Let's embrace the truly American notion that tastes and life styles change, and work for tax cuts to allow landowners, as truly free people, to choose their own housing arrangements. This would ensure the citizens their right to develop their property as they choose, and since choice rather that socialism is more productive of happiness, it will increase the general welfare. Now this is a "smart growth" plan our country's Founding Fathers could get behind!

Submitted by:
Bernard J. Kunkel,
League Of Kentucky Property Owners and
Boone County Conservation District Supervisor

Update from the Al Yelton Chapter in Grant County League of Kentucky Property Owners

Submitted by:
Charlie Phillips, President
Al Yelton Chapter in Grant County

Hello to all the League of Kentucky Property Owners (LOKPO) members in Boone and Grant County.

We fired our first shot at Grant Company Planning and Zoning on September 23, 2002. Following is a letter I read and submitted to the commission. We're not claiming a great victory here but the conveyance fee will remain at $50.00 for now. Our next shot will come on October 28, 2002. The second letter in this report will explain.

Plan now to attend the League's annual meeting at the Boone County FSA Building in Burlington on October 23, 2002. Call me for car pooling information at 859-824-6501. Thanks for being a member. We have only just begun……..

We have seven counties on our borders. Five of these counties have Planning and Zoning. Two counties, Pendleton and Owen, have no Planning and Zoning Commission so their citizens are not subjected to all the extra cost and all the humiliation associated with counties who have Planning and Zoning.

Two counties, Boone and Kenton, are mostly urban. Most of the people inhabiting these counties live in incorporated areas such as Florence, Covington, Erlanger and the numerous other towns and villages that have very little in common with Grant County. That leaves three counties that can be compared with Grant County - Harrison, Scott and Gallatin County. These counties are much like Grant County. The big percentage of their people live in unincorporated areas of their county. They are basically rural and their conveyance plat fee on average is $40.00. That's in line with a $50.00 fee in Grant County. We suggest this fee remain at $50.00.

This is not our only concern. Probably the delay in getting a Deed recorded in a timely manner is just as important as keeping the fee at a reasonable rate. We have several questions about how long it will take to get a Deed or Title recorded.

1. Who really owns the property while the title is held by Planning and Zoning?

2. If taxes are probated, what date should be used?

3. If a Deed doesn't meet all requirements and is not stamped, what happens if the money has already changed hands?

4. Will escrow accounts have to be established for the money involved in these titles?

5. How many times have you, Planning and Zoning, seen these plats before? Isn't some of this inspection by Planning and Zoning redundant?

6. Could some of these Deeds be held by Planning and Zoning for as long as two months?

We think the fee should be $50.00 or less. The system that's been in place for the Planning and Zoning Administration to review these Deeds and Plats and stamp them upon receipt should remain in place.

To: John Lawerance, Chairman, and Commission Members of the Grant County Planning and Zoning

Members of our organization have attended some of the public meetings for Planning and Zoning Commission in recent months and one question asked at these meetings is troublesome for our philosophy on what's allowed and not allowed for a fact finding commission to ask at a public hearing. The question: Would you volunteer never to have this parcel of land subdivided again?

Our objections to this question are:

1. Does any member of this commission have any ideas about what's good for this parcel of land in the next five, ten, or twenty years. We have no idea about the legal mess this will cause or about the cost and aggravation of getting this restriction removed from this parcel of land.

2. This type of question is intimidating. The applicant that is asked this question is normally a first time applicant and possibly the only time applicant. They have found a piece of land and want to establish a home for their family. They have no idea the consequences of their answer. The commission members have no idea of the consequences of the question.

3. Your commission's only duty is to find facts about the applicants request. Then make recommendations to our Fiscal Court.

At the recent seminar for continuing education for Planning & Zoning Commissions and Board of Adjustment members held at the convention center in Covington, I asked David A. Theriaque, Esq., an instructor for the Board of Adjustment class these questions: Would you volunteer never to have this parcel of land subdivided again? Should this question be allowed in the fact gathering proceedings? Mr. Theriaque's immediate response was NO. (Mr. Theriaque is a lawyer and planner. He seemed well versed in Planning and Zoning Law in the State of Kentucky.)

Intimidating questions and questions not related to fact finding should not be allowed by anyone at your public hearings.