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Honorable Gary Safarik, Chair <br /> and Members of the County Council <br /> February 2, 2005 <br /> Page 7 <br /> If BLNR did in fact deny construction of a single family residence and if a taking <br /> <br /> were to be found, it would be the BLNR that would be held to have "taken" <br /> property rather than the county as construction of a single family residence is not <br /> necessarily inconsistent with the proposed county conservation designation. <br /> Generally, conservation designation by the state has not prevented such use by <br /> property owners. <br /> Yours sincerely, <br /> Bf3BBY J ~AE N LEITHEAD-TODD <br /> Deputy Corporation Counsel <br /> BLT:pc <br /> <br /> s:depts\County Council\General Plan\Takings Issues Itr to Council 1-OS BLTpc.doc <br /> <br />