Prop. 90 garners different opinions
I recently read a very encouraging article about the Ivorybilled woodpecker. It seems that a developer wanted to pump several hundred thousand gallons of water from the forest which is home to this most nearly extinct animal in the world. Environmental groups took the developer to court and won. The developer is required to have a study done to determine how the removal of the water would impact the lives of the few remaining birds.
Now this has raised several questions for me in the context of Prop. 90. If Prop. 90 were in effect in Arkansas, would the taxpayers have to pay this developer for the loss caused by this restriction? How much would the loss be? Who determines the amount of loss and how? Who pays the court costs? Would this be a case that would clog the court system as is happening in Oregon?
Prop. 90 has too many loose ends and is too restrictive. All the litigation and compensation it would require would wipe out the good land use planning along with the bad. Prop. 90 needs some work before I can support it.
They never follow the law. The law requires government agencies to provide the highest level and standard of care for the property owners being condemned, yet none of them ever do. Instead rather than provide the property owner with the highest standard of care and protection like the free legal defense they provide the developers, governments all make the property owner into a legal adversary both in spirit and fact.
The property owner is taken advantage of; they are legally hassled, tormented, often spoken too arrogantly with the intent to intimidate, and financially pressed into submission through the unfair and immense advantage of public wealth denying justice to the landowner.
Shamelessly the law doesn’t provide that the property owner be paid the higher of the new use or current use.
Whatever the developers are willing to pay becomes the fair market value in a process that has become a bloated, corrupted industry with specialists at every level serving government from resources of the great government trough and none working at government expense for the benefit of the property owner.
Please join me an vote yes on Prop. 90.
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