Time: Wed May 28 05:21:45 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id FAA06754; Wed, 28 May 1997 05:05:03 -0700 (MST) by usr09.primenet.com (8.8.5/8.8.5) with SMTP id FAA09396; Wed, 28 May 1997 05:04:58 -0700 (MST) Date: Wed, 28 May 1997 05:20:05 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: C-NEWS: Supreme Court - Property Rights Victory! (fwd) <snip> > >NEWS from Defenders of Property Rights > > >Supreme Court Rules for Property Rights > >(WASHINGTON, DC) - Defenders of Property Rights, the only national legal >defense foundation dedicated exclusively to the protection of private >property rights, applauds the United States Supreme Court's decision in >favor >of property rights in the case of Bernadine Suitum v. Tahoe Regional >Planning >Agency (96-243). The Court's ruling brings dramatic change to how >governmental entities with land use permitting authority deal with >property >owners. > >In 1972, Bernadine Suitum and her late husband acquired an 18,300 >square-foot >lot in a residential area of Incline Village, Nevada. When she sought to >obtain a permit to build a house on the lot, her application was denied >because the land was included in a "stream environment zone" (SEZ) created >fifteen years after she took title to the property. The SEZ prohibited any >"new land coverage or other permanent land disturbance" within the zone >(i.e., the lot must stay in its natural state). > >Under the Supreme Court's 1992 decision in Lucas v. South Carolina Coastal >Council, this is a per se taking of Mrs. Suitum's property rights since >there >is no question she was deprived of all the beneficial or productive use of >her building lot. Rather than paying her just compensation as the Fifth >Amendment requires, however, the government essentially gave her a >"lottery >ticket" whereby she could "win" the right to transfer development rights >(TDRs) equal to only one percent of her original lot size to another lot >somewhere else. Moreover, even if deemed eligible, she would be entitled >to >build the equivalent of only one bedroom. > >Mrs. Suitum does not own another lot, and all she asks is that the >government >pay for the taking of her right to build on the lot she does own. When >she >challenged the government's refusal to pay just compensation for the >taking >of her property rights as unconstitutional, both the federal district >court >and the Ninth Circuit Court of Appeals held that her case was not "ripe" >for >review because she had never tried to sell the TDR. > >Today's Supreme Court decision could have wide impact since governments >routinely utilize TDRs as a means of avoiding its obligation to pay just >compensation. > >"Governments should not be allowed to concoct elaborate schemes that >deprive >property owners of their right to just compensation," said Defenders >President and Chief Legal Counsel Nancie G. Marzulla. "A potential to >transfer a small percentage of development rights to another lot not even >owned by Mrs. Suitum is neither a 'use' of the property nor just >compensation >within the meaning of the Fifth Amendment. The Supreme Court's decision >is a >clear message to government that it cannot utilize complicated schemes to >avoid claims for the taking of private property." > >Defenders of Property Rights filed a brief amici curiae ("friends of the >court") on behalf of itself and twenty-seven other organizations concerned >about the property rights of Mrs. Suitum and the implications of the >decision >on property owners across America. In its brief, Defenders points out >that >Mrs. Suitum's property was taken upon the denial of the building permit, >and >a potential TDR does not constitute just compensation as required by the >Constitution. > >Ms. Marzulla and Roger J. Marzulla are the authors of the new book >Property >Rights: Understanding Government Takings and Environmental Regulation >published by Government Institutes Press. Defenders of Property Rights is >the also home to the Property Rights Legal Center - the nation's first and >only legal intern training center for property rights. > >Defenders of Property Rights is a national membership organization >dedicated >to protecting the rights of private property owners. Defenders engages in >litigation across the country >affecting the public interest and its membership, vigorously protecting >those >rights considered essential by the framers of the Constitution. > >To arrange an interview on this case or any other property rights issue, >please contact Defenders at (202) 686-4197. > >- 30 - >------- >To subscribe to c-news, send the message SUBSCRIBE C-NEWS, or the message >UNSUBSCRIBE C-NEWS to unsubscribe, to majordomo@world.std.com. Contact >owner-c-news@world.std.com if you have questions. > > > ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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