President's Message

As you may know, since the League was founded ten years ago, we have always encouraged our members to take an active role in government. We encourage you to contact our legislators in Frankfort, to show up at local political forums, and to write letters-to-the-editor. Despite this encouragement, however, our organization has always remained fiercely non-partisan.

Our Mission from the beginning has been the safeguarding of property rights accomplished through directed grassroots political action. We research the issues, evaluate them in light of the Constitution, and then attempt to educate our members and the public about those issues. Ultimately, our group opposes what we view as poor public policy relating to land rights and supports what we view as positive public policy.

In terms of endorsing political candidates, we simply avoid any such request. In fact, it is even our intent to avoid the perception of political favoritism. When working on legislative issues in Frankfort and here locally, we have always strived to treat members of both parties as equals. We have no axe to grind other than the axe of liberty. With this in mind, it is with great sorrow that I must announce my leave-of-absence as President of the League effective June 1, 2005.

Due to my many years of involvement with the League and other liberty-oriented groups, I have recently been compelled to consider a run for public office. Therefore, in order to avoid any perception that the League may be promoting my candidacy by virtue of serving as its president, I have asked long-time League Vice-President Justin “Jay” Weber to serve as acting president until such time as may be necessary.

Again, it is with great sorrow that I make this announcement, especially considering the tremendous success we have seen in recent months. However, I look forward to continuing our efforts to build a new Campbell County Chapter, to pursue additional hearings on eminent domain abuse in Frankfort, and to expose the nonsense known as storm water tax.

If there are ever any concerns or questions you have with regards to the League’s present educational campaigns, please do not hesitate to contact me personally at 859-384-2546. You can be assured that I will continue to remain active on these campaigns during my absence.

Cordially,
Brett Gaspard
LOKPO President

Hearing Held on Eminent Domain Abuse

Due to your many calls made in support of House Concurrent Resolution 57 during the last few days of this most recent legislative session in March, House Judiciary Chairman Gross Lindsay consented to a special hearing on eminent domain abuse during the Interim session even though our bill did not have sufficient time to pass through the legislative process. This is a huge display of charity on behalf of Chairman Lindsay, and one for which we owe him a great deal of thanks.

In keeping with his promise, the Interim Joint Committee on Judiciary met on April 14th to hear testimony relating to eminent domain abuse as requested by State Representative Perry Clark of Louisville, a friend of property rights who filed HCR 57 on our behalf. Working with Take Back Kentucky, eight people testified on the nature of eminent domain abuse before the Committee evoking much positive reaction from the members present.

Western Kentucky University professor Brian Strow described a situation where private developers tried to purchase property in the historic downtown Bowling Green area, but when they could not, lobbied the city to declare the area blighted and then used the power of eminent domain to acquire the property. Ultimately, the city forced businesses out by using the threat of condemnation, paid them far less than market value for the property, and then resold the landholdings at subsidized rates to the developer. In one case, the city offered $17,000 for a parking lot in which the owner had invested $40,000 to surface.

George Sowards, a friend of Professor Strow and also a business owner in downtown Bowling Green, attested to the fact that property owners in the area were told not to maintain or fix up their property because it would be taken by the city. Nonetheless, the city never offered a timeline for any such taking, and actually helped encourage dilapidation of the area by not fixing roads and sidewalks.

Austin McCay, a member of the Odd Fellows Lodge in the same historic downtown district, described a situation in which his organization purchased a used car lot facility, renovated it, and then found their club threatened with eminent domain when they sought to make additional improvements. After much sparring with city officials, they were finally told to "do what you need" and that the property wouldn't be touched for 20 years. Shortly thereafter, the city reversed its position, refused dialogue with the organization, and listed the property as blighted. Their plan was to condemn the lodge and transfer it to another private entity for construction of a hotel.

From Northern Kentucky, former Campbell County District Judge Timothy Nolan recounted a case in which an elderly Dayton, Kentucky, man was forced out of his family home for the purpose of “economic development.” After raising nine children and being a grandfather to many more, the city took the man’s property, razed it, and then transferred it to a local elected official who built a small printing plant there. The case is now sited as one of the leading examples of abuse in the state, and the jury actually attempted to award the victim more than Kentucky statutes presently provide!

As a result of our testimony, several positive comments were made by legislators:

Representatives Rob Wilkey and Stan Lee suggested that affected property owners ought to be able to recover attorney’s fees if the court awards in their favor. Representative Wilkey also stated that the government could pay settlement funds for takings into the court in the same manner as is now used for offers of judgment. Representative Jeff Hoover added that the "offer of judgment" procedure might be useful in eliminating numerous appraisals. Incidentally, Senator Dick Roeding observed that it can sometimes be two years before the first offer and the final payment of the money, and that the homeowner needs the money earlier in order to purchase new property.

Senator Roeding also went on to say that the General Assembly could put a time limit on takings under blight designations, and that if the property wasn’t used during the designated time, the property owner could repurchase the property at the amount paid to the property owner.

Senator Dan Seum indicated that it is not just the affected property owners who lose from eminent domain abuse, but also the taxpayers. In his hometown of Louisville, the community of Highland Park was taken for airport expansion and then used for industry to move in. Subsequently, the airport was "fined" in federal court, but it was the taxpayers who were saddled with the loss. “The citizens paid for the taking of the land, then the land was sold for profit, and the citizens had to pay for the lawsuit and for the fine.”

Ultimately, based upon the comments made by legislators and even by state employees, we believe the hearing went tremendously well. In fact, Chairman Lindsay essentially concluded by saying the issue will be studied further and that he expects legislation to be filed in 2006. As soon as we find out more, we will keep you posted.

Update from the newly formed Campbell County Chapter

The Campbell County Chapter held its first public meeting on May 11, 2005 at 7:00 p.m. at the Southern Campbell Fire Department. About 100 people were welcomed by State Representatives Jon David Reinhardt and Joe Fischer as well as PVA Daniel Braun.

The meeting agenda included:

1. LOKPO President, Brett Gaspard explained the history, goals and accomplishments of the League.

2. Bernie Wessels gave an update of the litigation against the Sanitation District #1 to stop the “rain tax.”

3. Chris Derry, President of the Bluegrass Institute gave an inspiring speech to motivate involvement in the League. At least a dozen new members signed up that night.

Newly elected Campbell County President, Jeff Jack is a 4th generation Campbell Countian. He was extremely happy with the turnout and enthusiasm.

For more information on the Campbell County Chapter, please call Jeff Jack at 859-694-1850.

Update from the Al Yelton Chapter in Grant County

Bud Clancy is back and working hard after what he calls a minor health problem. I think open heart surgery is major. We’re pleased to have Grant County Chapter’s secretary, Bud Clancy, healthy and working for property owners.

The Grant County Chapter is working on our annual membership drive and member renewal. We are planning another fish fry dinner at the Farm Bureau Office at 486 Helton Drive in Williamstown. It’s all you can eat fish, hushpuppies, potatoes, cole slaw, and dessert for $8.00 per person or $14.00 per couple. Kids under 12 years are $4.00. Come enjoy good food and fellowship on Saturday, June 25, 2005. We will have the fish and hushpuppies hot and ready to eat between 6:00 p.m. and 9:00 p.m.

Welcome to the Campbell County Chapter. Jeff Jack and company are doing a fantastic job in getting another LOKPO Chapter started. Thanks for all your efforts - we need you.

Charlie Phillips
President, Grant County LOKPO
859-428-2378