COM 0852.000 1996-1998 - Laserfiche WebLink

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APP-30-98 THU 1:42 PM KAUAI COUNTY CLERK FAI NO. 1 808 2416349 P. 8 PROPOSED RESOLUTION ON 'TAKINGS" LEGISLATION 6 WHEREAS, under existing principles of federal and state law, issues of local concern are reserved for local governments and state courts to docide and resolve: and WHEREAS, under these long-standing principles, federal courts traditionally abstain from intervening in local administrative proceedings until all state and local remedies have been exhausted, particularly when such manors Involve local land use or regulatory decisions; and WHEREAS, this system ensures a proper balance between the foderal and state governments and protects the right of local governments and courts to decide local land use. toning, or regulatory matters in the bat interests of the local community; and WHEREAS, proposed legislation would alter this balance unnecessarily by allowing property owners who have been denied a claim by a local planning board or elected body to circumvent state courts and take their case directly to a federal court; and WHEREAS, the legislation would discourage property owners from attempting to resolve their disputes with local governments outside the courtroom, thereby reducing the role of local officials in local decisionmaking; and WHEREAS, the legislation would deem "ripe far federal court action cases in which then is an insufficient factual record for decision, raising the risk of poorly, informed rulings: NOW, THEREFORE BE IT RESOLVED that the National Association of Counties opposes any federal legislation that authorizes or requires the federal courts to take jurisdiction over local issues or intrude into local land use or regulatory decisions unless the claimant has exhausted all state and local remedies. Proposed by the Association of County Commissions of Alabama and site Jefferson County (AL) Convnission