|
Farm Bureau brings property
owners up to speed on latest assault on property rights
By Mary Swoboda Posted 6/13/02
- - - - - - - - - - - - - - - - -
“For most of our nation’s history, people could
make plans. For the most part, they could expect today’s laws to be
tomorrow’s laws; hence, they could plan for the future. Today
that’s not true.” Walter E. Williams
- - - - - - - - - - - - - - - - -
The Washington Farm Bureau has been hosting meetings
across the state to educate family farmers and ranchers and small
forestland owners about the negative impact of new forest-road
regulations. Monday evening, June 10, property owners from five
counties gathered at the Kitsap County Fairgrounds in Bremerton to
learn about Road Maintenance and Abandonment Plans (RMAPs) from Farm
Bureau staff members Hertha Lund and Dean Boyer.
The state has mandated all landowners with a
"merchantable" stand of trees on their property, or land
that “could” support trees, to submit a Road Maintenance and
Abandonment Plan (RMAP) to the Department of Natural Resources (DNR)
by 2006.
New regulations require all forest roads on state and
private land either be upgraded or removed in accordance with DNR
standards within 15 years in order to protect fish.
RMAP is the means to implement the regulations.
Every property owner must submit an RMAP that includes
a map showing all “forest” roads, orphaned roads, water sources
and wetlands, with an inventory of their condition and their risk to
“public resources” and/or “public safety.” The plan must be in
DNR’s possession by 2006. Actual implementation must be completed at
the end of 15 years.
According to University of Washington estimates,
complying with RMAP could cost private property owners nearly $400
million. This does not include the hundreds of millions of dollars
state taxpayers will pay for compliance with RMAP on state lands.
Patty Lent, a candidate for the Kitsap County
Commission said, "The cost factor alone prohibits the average
property owner from complying with such stringent regulations. Our
state has some of the most liberal regulations, laws and ordinances.
We need to get back to the people making choices for themselves
instead of government dictating to us."
In addition, individual RMAPs will become public
record, available to anyone to use against the property owner.
RMAP increases the liability to both property owners
and real estate agents who sell their property. Property owners are
required to advise potential buyers of RMAP obligations and can be
held financially responsible if the buyer is not notified or if the
plan is invalid.
Art Locke of Century 21 Anchor Associates in Bremerton
finds the rules too vague and confusing. “We’re licensed to sell
real estate and are held accountable for laws that affect our clients,
both buyers and sellers. From what I’ve seen, there are no
definitive rules on what property falls under RMAP. And what about the
undefined liability? Will real estate agents be sued if a seller is
sued? What are we supposed to do, stop selling real estate?”
The state is forcing private property owners to
maintain “forest” roads to DNR standards (whatever they may be)
“in perpetuity.” Since government standards continually change, it
is almost certain new, even more costly standards will replace current
standards if lawmakers do not reverse the burden of regulation on
property owners and taxpayers.
The Farm Bureau recognizes the political reality in
this state is our elected representatives cannot remove this law by
themselves; they need the support and backing of people from all
across Washington.
Hertha Lund, Assistant Director of Government
Relations, said the Farm Bureau’s goal is to protect property rights
and civil liberties, as well as eliminate the unfair and
discriminatory financial and regulatory burdens being placed on
private property owners by RMAP. The Farm Bureau is working with DNR,
the Forest Practices Board and the Legislature to fix this. However,
“if all else fails, we’ll look at a legal challenge,” Ms. Lund
said. “The Fifth Amendment of the U.S. Constitution, and Article 1,
Section 16 of the State Constitution are very clear that private
property cannot be taken for public use without just compensation.”
Dean Boyer, Director of Public Relations, added that
the Farm Bureau cannot do this alone.
“We’ve got the process started and we have their
attention. Grass-roots activism is the key to keeping their attention.
The price of freedom is eternal vigilance,” Mr. Boyer concluded.
Six ways you can help:
* Contact Public Lands Commissioner Doug
Sutherland. He is an elected official and needs to hear from his
constituents. Ask him to, at the very least, delay enforcement and
extend the timetable until the Legislature can fix the problem.
Address: P.O. Box 47001, Olympia WA 98504. Phone: 360-902-1004. FAX:
360-902-1775. E-mail: cpl@wadnr.gov
* Contact your legislators. Make sure they are
aware of RMAP and its effect on small private property owners. http://www.leg.wa.gov/wsladm/default.htm
* Ask political candidates where they stand on
RMAP and private property issues.
* Tell your neighbors. Spread the word on RMAP as
widely as possible.
* Write letters to the editor.
* Stay informed. Contact the Washington Farm
Bureau to receive regular e-mail updates. Address: P.O. Box 2009,
Olympia WA 98507. Phone: 1-800-331-3276. Fax: 360-357-9939. E-mail: RMAP@wsfb.com.
FOR MORE INFORMATION:
Washington Farm Bureau: www.wsfb.com Department of Natural Resources: www.wa.gov/dnr/base/aboutdnr.html Washington Forest Practices Board: http://www.wa.gov/dnr/base/boardscouncils/forest_practices.htm
© 2002 Mary Swoboda. Publication or
redistribution is permitted without prior notification provided it is
published in its entirety with no modifications.
In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]
|