Western Boone County & Planning Commission

The Planning & Zoning Commission wishes to control development in Western Boone County. They held four community meetings to see what the people of this area will support. A newspaper article on the Belleview-McVille meeting insinuated that many people supported limited growth of the area by suggesting a minimum building lot of 15 acres. At the Petersburg meeting on May 20, a week after the article appeared in the Kentucky Post, the idea of limited development was soundly defeated. The consensus from the Petersburg was to respect our property rights and leave us alone.

The Commission is surveying residents to gain perspective on what they can do for Western Boone County, 40% of the county including all the unincorporated areas except for the towns of Hebron and Burlington, impacting many people. The League is also surveying landowners in Western Boone County. We will share our results with you in the next newsletter.

Board Meets with Legislators

On June 24th, the League held a meeting with local state representatives and senators to discuss issues important for protection of property rights. Two issues were discussed: the "takings" legislation the League (in cooperation with Farm Bureau) tried but failed to get passed in the last legislative session and the power of agency regulations in which the Legislators (the representatives of the people) have no say nor are even aware of many times!

Legislators offered several suggestions for improving our chances of getting out "Takings" Bill passed. They said it is normal for a bill on its first attempt to fail. It has a better chance of passing as we expand the League's influence state-wide, if we continue to work cooperatively with other state-wide groups, such as Farm Bureau, and if members personally notify as many representatives as we can, especially those in key positions.

On the issue of curbing the power of the bureaucratic agencies (such as the Cabinet of Natural Resources or the Historical Preservation) all legislators agreed that the only possible way to do that was in the form of a State Constitutional Amendment. It was pointed out that a proposal in the 1991 ballot to curb the power of the bureaucrats was rejected by the voters. Obviously, the amendment was not debated and discussed enough to make the public aware of it.

It will take much work statewide to get an amendment passed. One League member suggested that cutting the budget of certain agencies would have the immediate effect of cutting their powers.

The meeting ended in agreement that there is much work to do. We are expanding our League statewide. Remember, our influence is only as strong as our members. Please help us expand by urging friends and neighbors to join in our fight to protect your property rights.

Historic Preservation Board-Update

As of April 23, work on the Boone County Historic Preservation Plan has slowed due to the termination of the contract between Boone County and the hired consultants. If you recall from our last newsletter, the Boone County Fiscal Court approved matching federal funds to support this study. The Historic Review Board was unhappy about the progress being made by the consultants. They are currently reviewing the process for the development and direction of the Preservation Plan and promise to include the Advisory Committee (and out representative) in their new plan, promising to contact him by May 23. At this point in time, however, he hasn't heard a word. The stand the League takes on this issue is to keep all involvement voluntary. We will keep you posted.

Conservation Easement Alert

In the May-June issue of Landscapes, Agriculture Commissioner Billy Ray Smith urged farmers to apply for a conservation easement. Kentucky was one of 18 states to receive federal funds for the purpose of purchasing easements to save farmland. The state program, PACE (Purchase of Agricultural Conservation Easements) will buy a conservation easement. Commissioner Smith does not relate what a conservation easement entails to the owner outside of the immediate funds or a sizable tax benefit.

Here are some facts, according to KRS 262:
· A conservation easement is forever. The only way you (or your heirs) can get out from under the easement is to convince the courts that "agriculture is no longer viable and it has become impossible to fulfill any of the easement's conservation purposes." You also have to pay all court fees and purchase back the easement form PACE at fair value, to be determined by the court.
· The now restricted land can be used only for agricultural use.
· You must work under a conservation plan approved by the Soil and Water Conservation District. It is rewritten every 10 years.
· Construction or reconstruction of any building or other structure is prohibited without the consent of PACE.
· The land may not be subdivided, whether by physical or legal process, without advance approval of PACE. PACE permits the placement of lines of water, telephone, electric, etc., within their guidelines.
· No portion of the restricted land may be paved or graveled without PACE permission.
· Cutting trees and mining of sand, gravel, etc., must follow the conservation plan and be approved by PACE.
· If PACE feels you have violated terms of the easement, they will take you to court. If they are right, you are responsible for all costs incurred by PACE in the lawsuit. No mention is made to reimburse you of your costs if they are wrong!

This is a voluntary program. Essentially, when you sell a conservation easement, you lose all rights to the control of your land and the taxes are still due. The League sees Conservation Easements as bad business. Warn your friends and neighbors!

Good News

The Supreme Court ruled, unanimously, once again for property rights! CNN reports, "They agrees that citizens may sue the government for overly aggressive enforcement of the Endangered Species Act. The ruling was a victory for citizens who claim endangered-species laws grant too much protection for wildlife and too little for economic interests. The opponents of environment policies to have their day in court, but they still must persuade a court that officials have gone too far in specific instance."

Biodiversity Treaty

Biodiversity, a word often heard but never defined, has real meaning in a treaty being pushed in Washington. Bio (life) and diversity (different) would lead us to define it as the right of all living things. In Washington, they define it as the right of all living things (like the mosquito, for example, or the wolf) to live, whether or not the species interacts well with man. The idea that man has more rights than the mosquito is not acceptable in the concept of biodiversity.

The United Nations has sponsored a Biodiversity Treaty in which worldwide-designated biosphere reserves would be put under the control of the United Nations Cultural, Educational, and Scientific Organization (UNESCO.) Because it involves land right here in Kentucky, (some examples: Mammoth Cave, the Denial Boone Forest, Land between the Lakes, and some privately owned land) our State Senate passed a resolution and sent it to Washington urging Congress to oppose it. They pointed out the absurd reality that a foreign organization would have complete control over Kentucky soil, and it would result in a true takings, illegal under our Constitution!

The League appreciates the efforts of the Senate to keep our lands out of international hands. We are sending letters to affirm our stand that private and public property should remain under the jurisdiction of our Constitution. Join us by contacting your representatives!

Repeal Estate Tax

Congress is considering tax cuts among estate taxes, capital gains taxes, child tax credits, education tax incentives, and credits for IRA accounts. Farm Bureau wants Congress to make cutting estate taxes highest in priority. Today, very few farmers can afford to purchase land to farm. Most farms in production today have been family farms passes to children. The high cost of estate taxes makes it difficult, sometimes impossible, to continue farming practices.

Farmers work a lifetime to improve the value of their business; they work to leave their children a future. They pay taxes while they are living; they should not be taxed to death at their passing.

Kentucky's estate tax is one of the highest in the country. We support Farm Bureau's efforts to eliminate the estate tax. Write your representative, urging them to oppose estate taxes.

Radical Environmental Camp

It was on the news and in the paper! In North Carolina, a group of radical environmentalists ran a free, week-long camp on how to blockade roads, chain themselves together, and climb trees, all in the name of saving the environment! The group, Ruckus Society from Montana, is made up of "longtime foot soldiers for Greenpeace and Earth First!" They have trained 600 people since 1995. "These eco-tutors travel the country teaching nonviolent ways to make life miserable for timber companies, big corporations, and other perceived enemies of the Earth." (Italics ours) These are dangerous people; they're perceived notions justify any means to further their agenda. They totally ignore our rights; they have no common sense! The League fears that such radicals have already infiltrated many government agencies. We encourage legislators to be alerted to the dangers they pose to our Constitutional rights.

Forests in Good Shape
Cynthia Arlinghaus

Many people believe that there is a serious problem to be addressed with the amount of forests left in the world; this is not necessarily true. In fact, one third of the earth's terrestrial area remains wilderness. It is not a question on how we can improve, but that is we continue to so what we have done, our forests will be in good shape for the generations to come.

Deforestation in the Americas was probably greater during the Colombian encounter than it was for several centuries after. Two-thirds of the deforestation in the United States occurred in the sixty years prior to 1910 and most of the other third before 1850.

In the beginning of the twentieth century, Americans became more aware of the arising forest depletion and started to d something about it. Currently, 731 million acres (1/3 of the U.S.) is forested. Although the U.S. has been the world's number one timber producer since World War II, U.S. forests have experienced an increase in volume in the past fifty years. During 1993, 4 million trees were panted each day! And each year, 1.6 billion seedlings are planted - that's more than 5 new trees a year for every American! The forest industry plants more than 34% of those seedlings and has donated more than one million acres of land valued at over $400 million for conservation, recreation, or social causes.

There are many people who continually perpetuate myths rather than facts, such as the myth that we are running out of trees. In fact, we have more trees today than we had in 1970 - the first Earth Day even more than we had seventy years ago. Another common myth is that we are cutting more trees than we are growing for the future generations; actually, forest growth has exceeded harvest since the 1940's. The myth that we are running out of old growth trees in our ancient forests can also be proved wrong by evidence that in the U.S. today, there are 13.2 million acres of old growth (i.e., large trees 200 years or older). They take up the space of New Jersey and Massachusetts combined. Many people also believe that we are running out of wilderness but the U.S. has permanently protected 104 million acres of land. That clearcutting (the practice of harvesting most trees in a given area) destroys the forest is also a myth. Clearcutting is a sound practice that benefits future forests. By mimicking natural wilderness, clearcutting is widely recognized by forest scientists and even by conservation groups.

In centuries prior to the twentieth century, forests have been abused and taken for granted. But in 1910, people became aware of the depleting forest and began to take action. Now, we and future generations to come will have an abundance of forests and forest materials.