Posted on 04/04/2002 2:56:04 AM PST by Nix 2
THIS is a blatant land grab and control attempt by the Democrats in both the House and Senate to make it easier for federal, state, and local governments to grab off private property to use for their own purposes. If this bill, which is now wending its way yet again through the congress under a cloak of silence, passes, Eminent Domain land use will become a fly's eyelash because there will be NO restrictions on the federal, state, or local governments to prove beyond a doubt that taking anyone's personal propety is a necessity for their purposes.
This is a purely Fascist law designed to deprive US citizens of their right to have and own PRIVATE property.
Please read this bill. Understand it. Take note of its sponsors, and make your voices heard before we are taken over under dark of night
IN THE SENATE OF THE UNITED STATES
July 27, 2000
Mr. L. CHAFEE (for himself, Mr. BENNETT, Mr. CLELAND, Mr. JEFFORDS, Mr. LEVIN, Mr. LIEBERMAN, Mr. LEAHY, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
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A BILL
To assist States with land use planning in order to promote improved quality of life, regionalism, sustainable economic development, and environmental stewardship, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Community Character Act of 2000'.
SEC. 2. FINDINGS.
Congress finds that--
(1) inadequate planning at the State level contributes to increased public and private capital costs for infrastructure development, loss of community character , and environmental degradation;
(2) land use planning is rightfully within the jurisdiction of State and local governments;
(3) comprehensive planning and community development should be supported by the Federal Government and State governments;
(4) States should provide a proper climate and context for planning through legislation in order for appropriate comprehensive land use planning and community development to occur;
(5) many States have outdated land use planning legislation, and many States are undertaking efforts to update and reform the legislation; and
(6) efforts to coordinate State resources with local plans require additional planning at the State level.
SEC. 3. DEFINITIONS.
In this Act :
(1) FEDERAL LAND MANAGEMENT AGENCY- The term `Federal land management agency' means the Bureau of Land Management, the Forest Service, and any other Federal land management agency that conducts land use planning for Federal land.
(2) LAND USE PLANNING LEGISLATION- The term `land use planning legislation' means a statute, regulation, executive order or other action taken by a State to guide, regulate, and assist in the planning, regulation, and management of land, natural resources, development practices, and other activities related to the pattern and scope of future land use.
(3) SECRETARY- The term `Secretary' means the Secretary of Housing and Urban Development.
(4) STATE- The term `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(5) STATE PLANNING DIRECTOR- The term `State planning director' means the State official designated by statute or by the Governor whose principal responsibility is the drafting and updating of State guide plans or guidance documents that regulate land use and infrastructure development on a statewide basis.
SEC. 4. GRANTS TO STATES FOR UPDATING LAND USE PLANNING LEGISLATION AND INTEGRATING FEDERAL LAND MANAGEMENT AND STATE PLANNING.
(a) IN GENERAL- The Secretary shall establish a program to provide grants to States for the purpose of assisting in--
(1) as a first priority, development or revision of land use planning legislation in States that currently have inadequate or outmoded land use planning legislation; and
(2) creation or revision of State comprehensive land use plans or plan elements in States that have updated land use planning legislation.
(b) ELIGIBILITY- To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary, in such form as the Secretary may require, an application demonstrating that the State's basic goals for land use planning legislation reform are consistent with all of the following guidelines:
(1) CITIZEN REPRESENTATION- Citizens are notified and citizen representation is required in the developing, adopting, and updating of land use plans.
(2) MULTIJURISDICTIONAL COOPERATION- In order to effectively manage the impacts of land development and to provide for resource sustainability, land use plans are created based on multi-jurisdictional governmental cooperation, when practicable, particularly in the case of land use plans based on watershed boundaries.
(3) IMPLEMENTATION ELEMENTS- Land use plans contain an implementation element that--
(A) includes a timetable for action and a definition of the respective roles and responsibilities of agencies, local governments, and other stakeholders;
(B) is consistent with State capital budget objectives; and
(C) provides the framework for decisions relating to the siting of future infrastructure development, including development of utilities and utility distribution systems.
(4) COMPREHENSIVE PLANNING- There is comprehensive planning to encourage land use plans that--
(A) promote sustainable economic development and social equity;
(B) enhance community character ;
(C) coordinate transportation, housing, education, and other infrastructure development;
(D) conserve historic resources, scenic resources, and the environment; and
(E) sustainably manage natural resources.
(5) UPDATING- Land use plans are routinely updated.
(6) STANDARDS- Land use plans reflect an approach that is consistent with established professional planning standards.
(c) USE OF GRANT FUNDS- Grant funds received by a State under subsection (a) shall be used to obtain technical assistance in--
(1) drafting land use planning legislation;
(2) research and development for land use planning programs and requirements relating to the development of State guide plans;
(3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and
(4) integrating State and regional concerns and land use plans with Federal land use plans.
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BTW, there is another rally (mid-May) wrt the New River Scenic Parkway (WVa freeper countrydummy) that I am trying to get started.
The event will be larger than just the New River problem. I suspect that this will be featured at it.
Deus Vult! 'Pod
'Pod
When this hits the House, ping John Peterson. I expect that he will be solidly against it.
Everyone-- call your Senators, even those on the radical left, and let them know there is opposition to this. They might get just a little gun shy with elections coming up.
Shoot me Now! I've been captured by Reptilian life-for....AAARRRGGGurgle....
I wish that alien reptiles would fly in on their UFO and take all of the Rat senators and Rino Senators with them to another solar system. Can you imagine what a better place the US and the world would become if that happened.
Stop Rural Cleansing!
Regards,B.
'Smart growth' plan's perils
April 3, 2002
F. Patricia Callahan
Scant attention has been paid to legislation currently working its way through Congress that would institute a $250 million grant program to federalize no-growth (euphemistically called "smart growth") regulations nationwide. The result would be devastating for small property investors,both urban and rural.
"The Community Character Act" - Senate Bill 975, House Bill 1433 - would require local governments to implement land management plans using model "smart growth" statutes provided in a 2,000-page "Legislative Guidebook" developed during the Clinton Administration by the American Planning Association, a no-growth trade organization, with almost $2 million in HUD grant money.
Despite giving lip service to the idea that land use planning is rightfully a state and local government function, the CCA undeniably represents a top-down approach to land use management. The legislation will use our tax dollars to create a multitude of jobs for APA members, who will be free to promote their no-growth agenda nationwide.
Rep. Steve Chabot, Ohio Republican, is so concerned about the CCA that his House Judiciary Committee Subcommittee on the Constitution recently held an oversight hearing on the guidebook "and its potential impact on property rights and small business, including minority-owned businesses."
AMA's Stuart Meck, the guidebook's primary author, told the subcommittee that in 1994, when the project began, the AMA sent out memos to 150 groups. It would be interesting to see that list, since those who have the most at risk were completely shut out of the development process. Career environmental groups were consulted, but property rights associations didn't even know about the guidebook until a few months ago. No black or other minority associations were consulted, according to Harry Alford, president and CEO of the National Black Chamber of Commerce, who told the House subcommittee that the CCA would be devastating for minority businesses.
On March 6, 2002, the Senate Environment and Public Works Committee, chaired by Sen. James Jeffords, Vermont Independent, also held a hearing on the CCA. When AASPO heard about the hearing, we immediately called and requested to testify. We were totally rebuffed, and were told that the National Multi-Housing Council and several other trade associations had been invited to testify.
Unfortunately, the National Multi-Housing Council supports the CCA, as does the National Association of Realtors. The only trade organization that testified in opposition is the National Association of Home Builders.
The only other person whom Mr. Jeffords allowed to speak against the CCA was David Sampson, the Commerce Department's assistant secretary of economic development - the very agency that would administer the "smart growth" grant under the Senate bill. Mr. Sampson said the Bush administration does not support the legislation, calling it "a centralized approach to land use planning." Instead, he called for locally devised plans that are "market-based." Although he gave several examples, it is questionable whether the good senators understand what "market-based" means.
All in all, the Senate hearing was like watching a horror movie. Seeing the issues threaded throughout, such as "pedestrian-oriented," creating statutes to preserve "vistas and views," and "affordable housing," makes it quite clear that this is just the tip of the iceberg. This type of regulation invariably makes life so miserable for small property owners that they eventually give up. The result is abandoned buildings that give the city justification to come in and bulldoze the area, clearing the way for big developers to come in and put up high-density high-rises. Some would call this the "unintended consequence" of "smart growth." Others believe this is exactly the intent.
Land use involves tough issues, fought out on the local level. It is an exercise in democracy which can at times become very contentious. The intervention of the federal government in land use matters, whether directly or through a funding mechanism, will allow ideologues to exercise undue influence in the process - and thereby disenfranchise local private property owners. The "Community Character Act" must be defeated in order to save the individual characters of our communities.
F. Patricia Callahan, an attorney, is the founder and president of the American Association of Small Property Owners (AASPO). > http://www.washingtontimes.com/commentary/20020403-85887850.htm >
And please, spare me the hysteria if that offends any of you special ladies out there. The truth hurts.
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