Happy Easter! I hope everyone is having a pleasant start to spring. As we get back into the hustle of lawn and garden season, please don't forget the importance of our property rights. Without them, there wouldn't be much sense in tilling our fields or mowing our lawns. In fact, we should show the same concern for preserving liberty that we do for the productivity and presentation of our land.
Along those lines, the major issue confronting our members this spring is the five-year update of the Boone County Comprehensive Plan. This document sets the stage for future growth in Northern Kentucky for years to come, particularly since Kenton and Campbell counties do not have such an extensive set of guidelines. Some of you may remember the terrific battle we waged five years ago against this same planning process. At that time all development in Western Boone County was going to be shutdown, which meant you could forget selling the farm. Fortunately, we were able to successfully eliminate that provision of the plan and drastically reduce other proposed restrictions - we even gained support for several farmers' rights provisions, which were eventually incorporated into our present planning goals.
The best way to follow this process is to attend the public hearings whenever they are called. But beware: planners are very good at making something sound good that really may not be so important. For example, if I showed you a picture of a beautifully landscaped subdivision of historic homes with large trees in the front yard and then compared that to a subdivision with no trees, no sidewalks, and no landscaping, you would probably be tempted to say you like the historic homes better. Incidentally, as soon as you say that, the planners will immediately note that you prefer design requirements that force sidewalks, trees, identical mailboxes, and rustic looking homes. This is how it's done. You've placed restrictions on your property rights and didn't even know it - all because you liked one picture better than another!
Whether or not you like trees in one thing, but having a government agency tell you exactly what your house must look like, where trees must be planted, and whether or not you will pay for the additional permitting costs is entirely different. If property is sacred, if property is what once gave Americans the right to vote, if property is what gives us the ability to direct our destinies, then we must do everything possible to preserve and protect our right to govern that property.
If you have any questions about the League of Kentucky Property Owners' latest activities, please feel free to contact me directly at 468-4509. Or, visit our website at www.lokpo.org. In the meantime, we will do our best to keep you posted of upcoming events.
Sincerely,
Brett C. Gaspard
LOKPO President
Takings
Bill Update
For the past several years, the League has attempted to pass legislation in Frankfort which would protect private property rights by forcing state agencies to pay just compensation to a landowner when private property is taken for a public purpose. It seems ridiculous that we would even have to pass such a bill considering that private property rights are supposedly already protected by the Bill of Rights and U.S. Constitution.
Unfortunately, the pendulum has been swinging hard against the rights of landowners in favor of outlandish condemnation proceedings. In fact, private property is now taken by local governments for uses that hardly qualify for a public purpose. This trend must be stopped, and we will not rest until your rights have been restored.
Prior to this legislative session, some of our board members met with Senators Roeding and Westwood to ask if they would sponsor a bill on the League's behalf. After agreeing to do so, Senator Roeding filed a bill that was an exact duplicate of the legislation we attempted in the 2000 legislative session. Unfortunately, much like the opposition we encountered at that time, our "Property Rights Protection Act" once again came under fire for being too broad. As such, it was suggested by Matth. Toebben that we let the bill die this session and prepare a more palatable revision for 2005. Consequently, Senator Roeding discontinued action until next year.
Despite our willingness to follow the "wait and see" path, Senator Katie Stine and Representatives Perry Clark and Charlie Walton decided to develop a very concise revision of the bill that served more as an administrative guideline for agencies to follow when pursuing a taking rather than a full-fledged private property rights protection act. Incidentally, Take Back Kentucky's Norm Davis was instrumental in bringing this revision to fruition, and worked closely with groups such as the Environmental Resources Council to ensure they would not oppose the legislation.
After quite a bit of last minute political maneuvering, the revised version of our Private Property Rights Protection Act passed both the Senate and House Judiciary Committee in the last week of the 2004 legislative session - it was even posted on the House floor for a vote. Nonetheless, due to extensive hearings on the budget and the gay marriage issue, our bill was not heard and we simply ran out of time.
In the future, we will be sending you specific information regarding our proposed legislation and will be asking you to educate your neighbors and contact your friends about how their property rights are being stolen from under their noses. Our organization can only succeed thanks to caring members like you. Please feel free to contact us anytime by e-mail or by phone.
Brett Gaspard
859-468-4509, brettg@bavarianwaste.com
Jay Weber
859-331-7570, jayw@batesvilleproducts.com
Why
did the deer cross the road?
Because he had a new multimillion-dollar pathway to get him safely to the other side.
That's the plan of Bernheim Forest officials, who want to spend $25 million to build tunnels and overpasses at Interstate 65 for deer, raccoons, skunks and opossums that often end up struck by vehicles
They've applied for a $20 million federal grant and want to spend an additional $5 million raised from Bernheim, Fort Knox and the Kentucky Department of Forestry so wildlife can travel between Bernheim Forest and Fort Knox, two of Kentucky's largest wildlife havens, without scampering across I-65.
The bridges would be covered with grass, trees and other vegetation, appearing as a green island hovering above a busy interstate.
The so-called "critter crossings" have been used successfully in other states to reduce roadkill, encourage the migration and breeding of animals, and improve highway safety for motorists.
The project, if approved, would be the first in Kentucky and among the first in the southeastern United States, said Dave Imbrogno, Bernheim's executive director. Imbrogno acknowledged that some people might scoff at spending $25 million for animal passageways, but he said that the estimate is preliminary and that the crossings could save money in the long run by increasing the range of wildlife habitat without having to purchase property.
The Kentucky Transportation Cabinet provided $40,000 in federal money last year for a study to determine the appropriate size and locations for the corridors, spokesman Doug Hogan said.
To connect the two, Bernheim and Fort Knox would acquire conservation easements on farms and other private property leading to the I-65 crossings. This would ensure that the wildlife corridors remain untouched by development. Property owners would be paid for the easements, according to the federal grant application.
Update
from the Al Yelton Chapter in Grant County
The Al Yelton Chapter in Grant County is working on our annual meeting and fund-raising event. This year we are planning an all-you-can-eat fish fry that will be held on May 15, 2004. We will have catfish and white fish along with jalapeno hushpuppies, sweet pepper hushpuppies and corn hushpuppies, cole slaw and some other dishes will round out the menu. The price will be $7/person or $12/couple. We will give the kids a special price, so bring the family to the Grant County Farm Bureau Building at 486 Helton Road in Williamstown, KY.
Directions: Exit I-75 at Barnes Road - go east past St. E. Hospital Grant Co., turn right at Helton Road. Do Not Cross the Railroad Tracks. The farm bureau building is on the right.
The fish fry will be held on Saturday, May 15 from 6:30 p.m. to 9:30 p.m. We are inviting the political candidates and office holders in both the county and state levels. Have your questions ready. Let them know what is on your mind. Tell them how hard it is to keep a balanced budget at home and let them know higher taxes are not an option.
The Grant County Chapter has two goals for this year:
1. To have one-stop shopping for septic, zoning, building, and all other permits. We believe the citizens of Grant County should be able to go to one place or office and get all the permit forms they need. This place or office should have regular business hours and people trained to give help filling out forms.
2. To work with the fiscal court and the incorporated governments to re-work the inter-local agreement that created the planning and zoning commission. The commission does not reflect a balance with the population in Grant County. The commission has four members appointed by the fiscal court but the fiscal court governs two thirds of the population in Grant County. The incorporated governments in Grant County appoint eight members to the planning commission but have only one third of the population. We hope to get this imbalance corrected.
Hope to see at you the fish fry on
Saturday, May 15th!
Charlie Phillips, President
Al Yelton Chapter in Grant County