Our Klamath Basin
Water Crisis
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Pioneer Press, Fort Jones, CA
pioneerp@sisqtel.net 530-468-5355 August 17,
2005 Page 13, Column 1 Permission is granted to reproduce and republish the following articles. Assault on private property hits hard Siskiyou County moves to provide protection for property owners. By Liz Bowen, Pioneer Press Assistant Editor YREKA – It was a filibuster in reverse last week at the Siskiyou County Board of Supervisors meeting. Instead of gathering to defeat a bill, a contingent of more than 60 individuals attended the meeting to show support of a new ordinance that is expected to bring back protection for those who own property. California Assemblyman Doug LaMalfa spoke to the county supervisors asking them to support his proposed bill to the state legislature that will protect private property rights. In an unusual accommodation, leaders from both the Republican and Democrat Parties also expressed support for protection of private property ownership at county level. Many other organizations voted to join with the Greenhorn Grange, which is leading the charge through Master Leo Bergeron. “The ruling does not prohibit local governments from establishing ordinances for protection,” said Bergeron. “County law is the law, unless it conflicts with state and federal law.” What happened to create such a stir? In June, the U.S. Supreme Court struck fear into the hearts of property and business owners throughout the nation, when it made a decision that goes against the U.S. Constitution. Five of the nine judges voted to allow any level of government to confiscate private property and use it for another private business – all in the guise of the term “for the public good.” Since the decision, grass roots organizations and leaders in political parties have been reeling. Previously, the 5th Amendment to the U.S. Constitution allowed for a very narrow definition of “public-use” land that could be confiscated. The property could only be seized and utilized for a government use. Through the “Kelo v City of New London,” in Connecticut, decision, a government or quasi-government agency can determine what “public-use” means and seize property from one legal owner and give it to a new “owner.” But the people of California are not willing to lose their right to own property. Immediately after the June 23 decision, the Greenhorn Grange met in Yreka to strategize protections by pressuring the county government. Organizations like the Farm Bureau, Cattlemen and SOSS, the Save Our Shasta and Scott Valleys coalition, are throwing in their weight for the county ordinance. Within five days of the decision, Assemblyman LaMalfa and state Senator Tom McClintock were proposing an amendment to the Constitution of California by writing bills for the state assembly and senate. “Under this ruling, a government can push grandma out of her house in the name of public good,” LaMalfa told the “Pioneer Press” last Friday. It all comes down to money. If a government can make more taxes from a new hotel rather than grandma’s old home, it can now be confiscated for the “public good.” But LaMalfa is also a landowner and he is battling at the state level to stop this encroachment of what is being referred to as “organized theft.” Throughout July and now August, Bergeron, LaMalfa and McClintock have been on the go rounding up support. LaMalfa even traveled to Orange County to ask its board of supervisors for support. He received it. Locally, Bergeron said it is extremely important that the proposed county ordinance is passed as soon as possible. Marcia Armstrong, supervisor for district 5, moved to establish the private-property-protecting ordinance at the Aug. 9 meeting. It was seconded and passed 5-0. |
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