President's Message

By the time this paper is wetted with ink, the legislative session will be over... -time to assess the resulting gains and losses for Kentuckians. Although we may not be satisfied with the session's outcome, it could have been worse. More than a few of us sigh with relief as the clock tolls the session's close. The legislators are going home at last! As they resume their family life, we can relax and rest somewhat easier...for a while at least. However, before we get too comfortable, let's begin our assessment and planning strategy for the next time.

No doubt, you have heard plenty about SB 214 ("The Forest Conservation Act.) Therefore, rather than bore you with redundancy, I'll briefly sketch the outcome. The original language was much more foreboding for property owners than the version that passed. Still though, the act created another agency to regulate and "conserve" the trees - despite whose property they are on. The worst part lies in the fact that the bill has again created an agency. This means that, although the session is over and the legislators are safely at home, the regulators are still on the job - busily creating another bureaucracy!

On the positive side, however, an amendment was put on the bill that requires representation by landowners and farmers on the board or agency created. The bill's passage is still a defeat, but at least we were able to get it "sugar coated." The governor recently lamented that this bill has been so "weakened" that it no longer resembles his original plan. This was attributed to the presence of the property right activists at every stage.

Another item worthy of discussion is the progress gained on SB 429 (Takings Bill.) This bill is the product of much work by the League. Two years ago a similar version (HB 255) was submitted that had enough co-sponsors in the House to assure its passage. Unfortunately, a few committee chairmen were able to strangle the bill without a hearing, despite the fact that it was supported by the majority. This time, after passing through three senate committees, the League's bill (SB 429) made it to the senate floor for a vote. It passed overwhelmingly, 36 to 0. However, it could not get a hearing in the House. It was suffocated in the House State Government Committee. We know from the
co-sponsors of two years ago that it was in fact popular among representatives. Yet, while our bill was stifled, the House voted to "suspend the rules" to get other bills to the floor. Needless to say, the same could have been done for SB 429 - if the representatives wanted to badly enough. Some did try to help this bill along, but others thwarted their efforts.

We may not have been victorious, but the regulators know we exist. Many League members have been outstanding in this struggle by dedicating their time and energies to represent fellow property owners. Our legislative chairman, Bernie Kunkel, along with Matth. Toebben, spent considerable time in Frankfort. On several occasions, a sizable contingent of our board, often joined by many other members, traveled to Frankfort to testify on the issues of concern. Many more have responded by letters, faxes, and calls. Your influence DID make a difference! And, on behalf of the League, I thank you all. In addition to the efforts of our League, Norm Davis, founder of "Take Back Kentucky," was very instrumental in this endeavor. It is in large part due to his generous assistance that we accomplished what we did.

All that remains of this session is to learn from experience and plan our strategy for the future. By being in the trenches, we have learned which legislators are the property owner's friends. At the same time, we have discovered our adversaries! We are not interested what club or party someone joined to get elected. It doesn't matter what brand follows their name, it can be a (D), (R), or an (I) for that matter, as long as they prove loyal to the Constitution and the rights of property owners. The League does not endorse candidates and remains nonpartisan. Instead, we are going to grade those elected on how well they do. In order to reward those who are loyal to their office - and expose those who are not - we are planning a system to rate their performance. Let's inform the voters on how vulnerable their property is during the tenure of respective members of the general assembly! Publishing these ratings throughout Kentucky should get their attention! Also, we are still fortunate in that the General Assembly only meets every two years (let's be sure to keep it that way!) We all have a little time to rest and regroup. Next time, let's double our efforts - AND WIN!

Rick Brueggemann,
President

The Year of the Initiative

Celebrating the 25th anniversary of the Clean Water Act, VP Al Gore announced last October 18, that he was launching a set of Clean Water Initiatives to be administered by the Secretaries of USDA and EPA-sound familiar?

The Initiative, very similar to the American Heritage Rivers Initiative, bypasses congressional authority, expands the regulatory power of multiple federal agencies, eliminates jurisdictional boundaries, limits local input, and ignores property rights-all disguised as an effort to promote water quality protection on a watershed basis.

Al Gore directed the Secretaries to create a comprehensive action plan within 120 days that will add 100,000 acres of wetlands by the year 2005, create 2 million miles of buffer strips "protecting" waters from agricultural runoff by year 2002, and implement a system to regulate nitrogen and phosphorous runoff by year 2000 that will all but eliminate fertilizer use and the raising of domestic livestock.

This Initiative, like AHRI, is simply another way for the Administration to gain federal control of our natural resources and property rights.

-Cornerstone, Volume 5, Issue I, Publisher: Stewards of the Range
Kentucky Leads Charge
To Reject Heritage Rivers

Ever since President Clinton bypassed Congress and the will of the people by signing an Executive Order, enacting the American Heritage Rivers Initiative, a number of states across the country have been fighting back. States are invoking the Constitutional protection of the state's rights to reject the implementation of this initiative in their states. Kentucky has taken the lead in this fight.

On February 17th, State Senators Dick Roeding and Virgil Moore introduced Senate Resolution 96, condemning the American Heritage Rivers Initiative and urging our Congressional delegation to do the same. Backed enthusiastically by the League, Take Back Kentucky and True Blue Patriots, the resolution sailed unanimously through the Senate.

Even in Florida the Citizens of Clay County have spoken out against the American Heritage Rivers Initiative. To protect their St. John's River from federal intrusions, the County Commission has sent a resolution to the city Mayor, demanding the preservation of their property rights. They were concerned about the potential ramifications of a federal designation on environmental regulations and property rights.

Hopefully, the Kentucky assembly will codify SR 96 into law and send it to the Governor for signing. Kentucky rivers must remain the domain of Kentuckians, not bureaucrats hundreds of miles from here.

Submitted by:
Craig M. Brown

U.S. House Passes Property Rights Bill

On March 13, 1998, the House passed a bill to give property owners broader access to federal courts in property rights disputes with the federal government.

The bill, dubbed the "Tucker Shuffle Relief Act," would end the system in which property owners must take their claims against the government to separate courts. The Tucker Act would bar the U.S. Court of Federal Claims from hearing cases for injunctive relief, and bar U.S. District courts from hearing claims for monetary relief over $10,000.

The House approved the Bill 230 to 180, which was not a wide enough margin to override the White House's threatened veto. Opponents of the measure said the bill raised serious constitutional questions and would give federal courts far more power to overturn environmental protections.

The House last year passed a broader measure to expedite property owners' access to federal courts. The Senate Judiciary Committee recently passed a bill that incorporates the House measure passed in March and its broader counterpart.

-Compiled from reports by Reuters and Associated Press

Activists Rally for Pastor in Land Case

As a Baptist preacher convicted of destroying wetlands on his Wayne County property faces sentencing, Michigan property rights activists are rallying around him.

The Rev. James Headd is scheduled to be sentenced in district court on two criminal convictions for dumping rubble on state-defined wetlands in his back yard. In court, Headd argued that his plot was farmed until recently and therefore could not be considered wetlands. In the past decade, he erected a house, dog kennels and a horse barn on the property. Under state law, Headd could face up to a year in jail -- a possibility that rankles supporters of property rights.

"What do they want the man to do? Tear down his house?" asked one resident. "I don't care if the state thinks it is a wetland. We're talking about a man's property." "This is an example of the government using environmental grounds to take over someone's property," said another resident. "That's unreasonable. People should come first. I'm not in favor of preserving polliwogs over citizens who legitimately own property."

-Jeremy Pearce, The Detroit News