League of Kentucky Property Owners
Annual Meeting
Thursday, September 27, 2001
6:30 p.m. - Social Hour - 7:30 p.m. - Program
Boone County Extension Center

Speaker: Honorable Perry Arnold,
County Attorney for Trimble County

President's Message

Our Constitution is a magnificent gift from our forefathers. It did contain some wording that a number of the States considered worthy of clarification. These clarification delineations took place at various States' Conventions and became known as "THE BILL OF RIGHTS".

I like to read these first ten of the Constitution's Amendments occasionally to remind myself of how they are just as important today as they were when they were written over two hundred years ago. I hope you find them equally inspiring.

The Ten Original Amendments: The Bill of Rights.
Passed by Congress September 25, 1789. Ratified December 15, 1791.

AMENDMENT I - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

AMENDMENT II - A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

AMENDMENT III - No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

AMENDMENT IV - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

AMENDMENT V - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

AMENDMENT VI - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

AMENDMENT VII - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

AMENDMENT VIII - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

AMENDMENT IX - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

AMENDMENT X - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

william h. adkisson,
President
League of Kentucky Property Owners

Paul Named A Champion of Property Rights

Washington, DC - The League of Private Property Voters recently named Congressman Ron Paul a "Champion of Private Property Rights" for his consistent pro-property voting record during the 2000 Congressional session. The League publishes an annual scorecard designed to let the public know how each member of Congress and the Senate voted on important private property and federal land use issues. Paul received high marks for his votes protecting the rights of property owners against an overreaching federal government.

"I am pleased that property rights organizations are monitoring Congress," Paul stated. "The federal government has become hostile toward private property owners, particularly in rural and agricultural areas. Congress wants to regulate, tax, and control private lands without regard to constitutional constraints. Many of my constituents are farmers and ranchers, and their financial survival constantly is threatened by Washington bureaucrats dictating how their private land can be used. I want to restore respect for property rights on Capitol Hill."

The League is a nationwide nonprofit coalition of more that 600 organizations representing farmers, ranchers, woodlot owners and rural communities. Votes for the 2000 index were chosen by prominent property rights advocates nationwide.

PDR/TDR Study Comments

Submitted by: Bernie Kunkel
as written to Matthew E. Becher,
Boone County Planning Commission

I appreciate this opportunity to submit my written comments on our PDR/TDR Study. Many property owners in our county oppose these programs because they constitute increased government control over the land. These taxpayers understand further that they will be plundered to pay for these schemes. I also agree with the many who point out that these government programs are stealing the rights of future generations by placing permanent use restrictions on land and recording these restrictions on the deed. Boone County should be careful about implementing these concepts and try to see how this could affect the future. Do we really have the wisdom to make decisions for all future generations?

Think also about how placing conservation easements upon the land reduces the taxes brought in as a result of the land being removed from the possibility of ever attaining a highest and best use classification. The rest of the community will have to subsidize the reduction in taxes of the land owner who sells his development rights.

l At the heart of the PDR/TDR concept is the belief that decisions about land use should be made by the public through its elected officials. This is at odds with PDR/TDR Study Comments Continued...

the free market and what made our county, and country great. Societal needs would develop naturally and more efficiently on the private market that they ever would when handled by government bureaucracy. Increased freedom makes for a better society and we should not look to government to meet our needs.

· These conservation easements are forever. To agree to something in "perpetuity" is absurd. Today many communities in Maine are having to face the reality of having conservation easements within their town limits. In an effort to keep from losing too many tax dollars to these government schemes, the rest of the property owners in these communities must pay higher taxes.
· Restricted land can be used only for agriculture, and construction of any building or other structure will be prohibited without the consent of the bureaucrats administering the programs.
· The restricted land may not be subdivided, whether by physical or legal process, and the placement of lines of water, telephone, electric, etc., can only be installed within bureaucratic guidelines.
· No portion of the restricted land may be paved or graveled without special permission. Even cutting of trees must be approved.
· If the compliance officers who come and inspect your land feel you have violated any terms of the agreement, they will take you to court. If they are right, you are responsible for all costs incurred. No mention is made to reimburse you (as the property owner) if the bureaucrats are wrong!
· The TDR's involve designating areas where development can and cannot occur. Again, this is interference in the free market.

I wonder what Boone County would be like if a hundred years ago or so, farmers had sold their development rights. We certainly would not have all the wonderful businesses and homes, and especially we would not have the high standard of living we now enjoy. All we will do by implementing PDR's and TDR's is cause development to leapfrog to surrounding counties causing more sprawl that we have been trained to fear. PDR's and TDR's are wrong headed initiatives with many more long-term ramifications yet unknown.

This was published on May 24, 2001 in The Cincinnati Post. The "Smart Growth" study was presented by Boone County Commissioner Robert Hay and Hamilton County Commissioner Todd Portune. This is the best critique of that study to date.

Bernie Kunkel, Legislative Chairperson

Growth Controls Smack of Socialism

I feel the need to comment about the May 15th article, "Regional solution to sprawl is urged" by Barry M. Horstman. The article publicizes a study conducted by the Smart Growth Coalition of Greater Cincinnati and Northern Kentucky.

I couldn't help but notice that the recommendations in their "guide" are just more of their same old tirade against what the average person wants in their home and their communities.

The quality of life in our region is better today than at any other time in the history of Greater Cincinnati. Although the population within our city limits has diminished, this fact has not deterred those in the rest of the region from enjoying happy, meaningful lives in the communities where they wish to live.

If land has been consumed at a rate "five times faster that population growth" it is for two reasons. First, more people today prefer bigger houses on bigger lots, and secondly, some "growth management" tools utilized by well-meaning townships and municipalities actually prevent builders from building higher density neighborhoods. This takes more land.

As for the idea of a regional tax base, this is a thinly-veiled attempt to ask wealthy areas to subsidize poorer neighborhoods. Why punish the communities that are doing it right for the mistakes of the communities that can't quite get it together?

The idea of establishing urban service areas whereby communities could target roads, sewers and other infrastructure to encourage development in existing communities is socialism at its worst. It is not the role of government to determine how and where people live.

It is not a civic duty to live in an existing community, or anywhere else for that matter. Since when did the smart growth coalitions or Hamilton County Commissioner Todd Portune become experts on what I should want?

Regarding the concerns about the number of acres of agricultural land consumed in Ohio and Kentucky between 1992-1997, according to the U.S. Department of Agriculture the amount of land used today for farming crops is virtually identical to what it was 50 years ago. Just because it's zoned agricultural doesn't mean it is good farmland or that it is used for farming.

The last recommendation in their guide suggests that development should pay its own way through impact fees rather than relying on tax dollars to build or lengthen roads, sewer and water lines. This point is moot, because developers already pay for these improvements within the communities they are building.

The costs of these improvements are naturally paid by the homeowners in the price of their new home. Imposing impact fees would just raise the price of new homes to bear a disproportionate share of community services. In addition, the communities in which they live enjoy all the benefits of a larger tax base.

Congratulations to the Smart Growth Coalition. You now have a "handy guide" to destroying the quality of life we have in Greater Cincinnati. Pardon me if I don't wish you good luck.

Submitted by:
Darrell Leibson, Symmes Township

Community Forum
Monday, July 30, 2001
6:00 p.m.
Northern Kentucky University
Plan to Attend!

The Governor's Smart Growth Task Force is conducting community forums in all 15 area development districts throughout Kentucky. This is your opportunity to be heard. Please attend and be prepared to protect your property rights.

For all Northern Kentucky, the forum will be held at Northern Kentucky University in the Otto Building Theatre on Monday, July 30, 2001 at 6:00 p.m. For more information, please contact John Mays at 859-283-1885.