Fall, 2005
LOKPO Annual Meeting - Big Success!
The 10th Annual Meeting of The League of Kentucky Property Owners was held on October 4, 2005. We all enjoyed an interesting talk by Herman Cain, CEO and President, of T.H.E. New Voice, Inc.
We would like to thank our event sponsors:
Bavarian Waste Services
Bessler’s Economy Market
Toebben Companies
Wessels Construction
StopRainTax.com
Starting August 2003, without any legal authority to do so, SD1 (Sanitation District No. 1) began charging $46.08 per-year for stormwater (aka RAINWATER) management to many Northern Kentucky property owners in Boone, Campbell and Kenton counties - even to those with no connection to any part of SD1's sewerage or stormwater management lines! So far, over $9.2 million has been collected illegally!
StopRainTax.com is sponsored by The Wessels Company, LLC to increase public awareness regarding the Storm Water Surcharge ("Rain Tax") imposed by Sanitation District No. 1 ("SD1") on Northern Kentucky residential and commercial property owners. We believe the taxpayers of Boone, Kenton and Campbell counties, ourselves included, are legally entitled to not only know the truth about the Rain Tax, but equally as important, deserve to see that the Rain Tax is implemented and collected within the bounds of the law. Based on these beliefs, we are seeking justice through a lawsuit filed in the Boone Circuit Court,
If you, like us, own property in an area of Northern Kentucky impacted by the SD1 fee, then join us in demanding answers from SD1 and the politicians responsible for creating the Rain Tax: an illegal tax without a popular or legislative mandate. Go to www.stopraintax.com to see how you can help the cause.
Effects of the Kelo Decision
The City Council of New London, Connecticut voted on October 17th to fire the New London Development Corporation (NLDC). For the past seven years now the NLDC has run roughshod over the property rights of the citizens of New London, Connecticut. It was the NLDC that has been working non-stop to raze an entire neighborhood for the Fort Trumbull development, pressuring many homeowners to leave their cherished homes under the threat of eminent domain. According to the Institute of Justice, the City gave away all its power to a private, unelected development corporation that had no accountability. And while homeowners testified and even begged to keep their homes, the City Council would not listen to them. But some homeowners fought for their property rights all these years, surprising the City and the NLDC, resulting in the now infamous KELO case.
It is disgusting that the City allowed the NLDC to spend nearly $73 million in taxpayer’s money to destroy almost 90 acres of the community so that prime real estate could be transferred to a private developer and at the almost unbelievable deal of only $1 per year for 99 years. One certainly marvels to learn that rather than develop the 90 acres already acquired, the NLDC claimed that the lawsuit filed by a property owner of less than two acres of land on the outer edge of the development somehow stopped the rest of the development project.
This whole idea of using eminent domain for private commercial development has created a most contentious uproar that has enveloped the nation. In Connecticut, as in the rest of the nation, elected officials should be protecting the rights of their citizens to own private property and NOT be taking it from them for private development. Because of this KELO case, more than two dozen states are studying legislation to ensure further protections for property owners from these misuses of eminent domain. Kentucky is one of these states and your League of Kentucky Property Owners will be working hard to accomplish these protections.
Update from the Al Yelton Chapter in Grant
County
The Al Yelton Chapter of the LOKPO hosted the state board at our October 25 meeting. League President, Brett Gaspard and Legislative Chairperson, Bernie Kunkel attended the meeting.
It seems that annual membership renewal is on our agenda every month. We are conducting a phone campaign now to contact members who have not renewed their membership. The next step is to purge the list of anyone who hasn’t paid their dues.
We asked the planning and zoning commission for a seat on the selection committee for a P&Z administrator. Of course we were denied our request. The P&Z commission hasn’t been very successful at bringing an administrator in who could talk to people in a normal sensible fashion. One of the P&Z commission members told me that they knew the last administrator couldn’t communicate with the public well and everyone was upset but the commission had hired him at a low wage. Would a livable wage bring in a better public relations administrator?
Due to time constraints, we won’t get any more magistrates for the next election term even though our county is growing and we need better representation.
A hot new topic is where the Justice Center should be located. The business group in Williamstown is circulating a petition to keep the courts or Justice Center in downtown Williamstown. I think that the county powers to be wants the Justice Center on Barnes Road near the detention center.
As you can see our plate is full.
Thanks,
Charles Phillips
President
Update from the Campbell County Chapter
The Campbell County Chapter has voted to oppose the Campbell County schools
board attempt to raise the property tax 7.5% and has been instumental in securing
enough signatures on a recall petition to force a special election on December
6th. While the board says the cost is only $12 dollars to the average taxpayer
to build a new elementary school in Highland Heights, in truth the cost is $2500
per each of the 12,000 housholds in the district. The tax raise would be permanent
and in addition to the 4% allowed by law without a petition to recall. The district
is on probation for poor performance in math and reading and is at the bottom
of the rung in teacher salaries but stubbornly cares only about bricks and mortar.
Since 1991 the district has only grown 400 students and currently could accommodate
an additional 800, but the board claims overcrowding. As we all know there is
no exemption from school taxes for the elderly or disabled - a needed change
at the state level. As a matter of fact why should property owners bear the
cost of the public schools?
We have a new president for our chapter, Kimbery Tye of Grants Lick, and a great
new board member in Ed Warf of Ft. Thomas, a former republican county chairman.
Tim Nolan and Lloyd Rogers continue to assist in the eminent domain fight, which
is progressing soundly.
Next year is the big election year and we will certainly monitor and report
on the candidates who are always looking for tax increases and have never seen
a tax they don’t like.
Our next board meeting is December 5th at the US Bank in Alexandria
Sincerely,
Tim Nolan
Property Rights
Protection Act
Recently the House of Representatives voted 376-38 to pass the Private Property Rights Protection Act of 2005, as a means to protect private property from eminent domain seizure.This legislation was a response to the U.S. Supreme Court's controversial ruling in June allowing eminent domain authority to obtain land for tax-revenue purposes.
The grassroots voice of thousands of concerned Americans helped make this vote such a decisive victory!
With the passage in the House, now the issue moves to the Senate arena where similar legislation has already been introduced by Sen. John Cornyn. The Protection of Homes, Small Businesses, and Private Property Act of 2005 (S. 1313) is a similar bill to the one that just passed the House, and already has bi-partisan support of 30 co-sponsors.
This battle to protect our property rights is far from over. Please check out the following website to sign the petition: