If you have ever gone to a public hearing about a planning or land use related matter (and you know, I do try to encourage that), you may have heard one or many people stand up at the microphone and complain that the local governmental agency, whatever it is, is trampling on “property rights.” This claim is generally made when it looks like the governmental agency is not going to approve the permit application that it’s considering, and that is the subject of the public hearing.

Today, and tomorrow, too, I want to talk about “property rights” and the “takings clause” of the United States Constitution, because if you go to these hearings, you’ll also hear claims that the government is trying to “take” private property, by refusing to let the landowner do what the landowner wants to do.

For the academics in the audience, I will put a reference in the transcript of today’s Land Use Report to a short pamphlet called “Land Use Planning and the Takings Clause,” which gives a nice overview of the legal and constitutional situation. The claims made at the microphone, while sometimes made sincerely, are very often based on a complete misunderstanding of what “property rights” and “takings” are really all about.

In short, if you have to ask permission to do something, you don’t have any “right” to get what you ask for. Similarly, the government can’t “take” something from you unless you already have it, so if you’re asking for permission to do something new, turning you down does not amount to a “taking.”

For KUSP, this is Gary Patton.

More Information

Land Use Planning and the Takings Clause”
http://www.landwatch.org/pages/publications01/
122001takingshandbook.html

Some property rights advocates argue, in effect, that the government should have to pay property owners to follow the rules that the community has established to achieve community goals. Similarly, when a government regulation prevents a property owner from doing whatever he or she wants to do, that property owner may say that the government has "taken" the property.

In fact, the courts have consistently ruled that property rights are violated, and that takings occur, only when a governmental regulation deprives a property owner of all economically productive uses of his or her land. Just because you own private property doesn’t mean you have a right to do whatever you want to do with it. If you purchase 100 acres of oak trees, you are purchasing only that. You have not purchased the right to cut down those trees and plant a vineyard. If you own 100 acres of productive farmland, you have the right to continue to farm, but you have no right to turn all or part of that farmland into a housing development. If you own a vacant lot in a residential neighborhood, you are not automatically entitled to open a gambling parlor or to erect an apartment building. Your right is only to ask the community for permission to change the use of the land you own. If the community decides not to give you permission to change the use of your land, no taking of your property or violation of your property rights has occurred.

For KUSP, this is Gary Patton.

More Information

Land Use Planning and the Takings Clause”
http://www.landwatch.org/pages/publications01/
122001takingshandbook.html

On Sunday, the Monterey Bay Chapter of the California Native Plant Society will be holding its Second Annual Chuck Haugen Conservation Fund Picnic and Silent Auction, and you are most cordially invited to attend. This is another great chance to get out into that environment that we’re so privileged to be able enjoy here in the Central Coast region.

The picnic is scheduled from 10:00 a.m. to 3:00 p.m. on this coming Sunday, July 24th. Admission is free. There will be a gourmet BBQ, music, a silent auction, guided hikes, children's activities, conservation awards and grants, and the special guest speaker will be Peter Douglas, Executive Director of the California Coastal Commission. Mr. Douglas is an inspiring speaker, and drew a large and enthusiastic audience when he appeared several months ago at an event sponsored by Friends of the Sea Otter and LandWatch Monterey County. Even without the picnic, it would be worthwhile to hear from him!

Proceeds from the silent auction and snack sales will benefit the Chuck Haugen Conservation Fund, which is used to appreciate and inspire volunteers and professionals who participate in the conservation of Monterey Bay ecosystems.  To get to the picnic, you should follow the event signs from the Fort Ord Main Entrance off Highway One, or enter from Reservation Road. You will have to bring your own silverware and plates.

For KUSP, this is Gary Patton.

More Information

California Native Plant Society, Statewide Website
http://www.cnps.org/

CNPS Monterey Bay Chapter Website
http://www.mbay.net/~cnps/

For more picnic Info:

• http://www.mbay.net/~cnps/chcf.html

To RSVP, and for more information:

• Telephone: 831-384-1376
• Email to

The California Coastal Commission’s Public Education Program is celebrating COASTWEEKS from September 17th through October 9th. Each fall, people from all over the United States participate in COASTWEEKS, a three week celebration of our coastal resources. The kick off for the celebration is a Coastal Cleanup Day, when tens of thousands of Californians come together across the state to keep our coasts and inland waterways free of debris.

Starting August 1st, the Coastal Commission will publish a calendar of all of the various events that will make up the COASTWEEKS celebration. I’m alerting you ahead of time so you can plan ahead personally, and so that those of you who have connections with various kinds of organized groups can begin to think about getting your group involved. Teachers, particularly, might think of ways that they can have their students begin to learn about the environment from some direct experience. Every part of our environment is facing significant challenges, and none are more daunting than those that face the coast.

In a lot of ways, we can begin on the coast and move inland, as we tackle the interrelated environmental, economic, and social problems that are tied so directly to our land use choices. The best our state has done, in terms of its approach to land use planning, has been in the Coastal Zone. During COASTWEEKS, let’s learn from the coast, and take our lesson with us to the rest of California.

For KUSP, this is Gary Patton.

More Information:

The COASTWEEKS Website URL
http://www.coastal.ca.gov/publiced/coastweeks/coastweeks.html

If you need assistance or have any questions, please call (800) Coast-4U, or email .

Events advertised on this Land Use Report can almost always be considered a “cheap date.” In fact, almost all the meetings I try to send you to are free. That’s not true, however, with the event I want to mention today, which is a very pricey seminar intended for developers who would like to create or utilize what is sometimes called a “Community Stewardship Organization,” or CSO.

The CSO concept is to institutionalize long-term conservation commitments through agreements between developers and local stakeholders, usually local governments. Typically, these agreements involve a commitment by the developer to fund and participate in long-term and comprehensive conservation and restoration programs. Of course, it’s not all founded on good will. In return for the CSO funding and implementing such conservation programs, affected local governments typically give development approvals that generate the profits that make it all possible.

Rancho San Carlos and the Santa Lucia Preserve are a Monterey County example of how a CSO might operate. Last year, the Sonoran Institute held a national conference on CSO’s at the Santa Lucia preserve. This year, the event is going to be held in Illinois. Developers who want more information should visit the KUSP website at www.kusp.org.

For KUSP, this is Gary Patton.

More Information:

Sonoran Institute Website
http://www.sonoran.org/

CSO Network
http://www.sonoran.org/programs/si_cso_main.html

Ideally, a CSO’s impact extends beyond the development itself, and the CSO forges partnerships with adjacent public land managers, local land trusts, and other conservation interests.