Read the original initiative, Hank |

Read the original initiative, Hank

Here is what Hank Star wrote (The Union, April 20):

“If this initiative is passed, every time a developer wants to put a motel or a strip mall or whatever else he might want to build next door to you, if the county refuses to rezone, you and I, as taxpayers, will have to pay him the difference between what the property is now worth, as he bought it, and what it would have been worth if he had obtained his rezoning to the ‘beneficial best [most profitable] use’ of the property.”

Here is the text of the initiative to which he refers:

“Initiative Measure to be submitted directly to the voters

“The people of the County of Nevada ordain as follows:

“Nevada County (the ‘County’) shall provide an orderly process for addressing claims for reimbursement, payable to the property owner, when it is determined that there is a reduction in the market value of an owner’s parcel.

“After passage of this initiative, this process applies to proposed projects when regulatory actions or determinations by the County restrict existing use or utility, in whole or in part, of the affected parcel.

“Restrictions based upon a clear and present danger to public health and safety, and traditionally recognized common law nuisance prohibitions, shall not be considered in calculating reductions in value.

“A property owner seeking reimbursement pursuant to this initiative shall first seek beneficial best use of the property. This best use must be denied by the Board of Supervisors prior to filing a claim.

“The Superior Court of the County shall have exclusive jurisdiction over claims made, and shall have the power to make independent findings of fact and conclusions of law, and shall not be bound by findings or determinations by the County. Reimbursement shall equal the difference in market value, with and without the regulation or action complained of, and shall include reasonable attorneys’ fees and costs. If any phrase, clause or part of this initiative is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and parts shall remain in full force and effect.”


Kim Moore

Chicago Park

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