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HomeMy WebLinkAboutCOM 0900.000 1996-1998 > 1'~=8 n7:09Ph' ~ONP ~o~n'~a CJ~nC1I Cff.. 30^0 32F 56?7 F.'- N4 p 01, 4.0f: A OVA TF OF W' J. Curtis Tyler 11i COUNCILMEMBLR County of Hawau 77-6399 Naltmi St., Sto. 104 Kadua-Kona, Hawaii 96740 Tf"ienhunc: (808) 326-5664 Pax: (808) 326-3697 Date: June 23, 1991 To: Council Services v ` \ Council Member J. Curtis T ler, Ii:I From: 1'-._.. Re. Legislative Alert Pages including COvcl' shed: 4 Message; Dear Council Services: _ Please circulate this Legislative Alert to all Council Members ASAP. hank you. Aloha, Megan Please call Councilman Tyter's Aidc, 14sga,t, if fhe i. ar e tiurV Invblems with this transmission (326-5684) QIDO 'Cikm ,r °.ai . DsLe__.~N 6 19ytl 7J6-2~ '998 B3 ©9PP' t7NF Four, i.1 :I Off:e SOB 326 5697 F'. n7 r Nt: es'y~ J. CLJRTIS TYL&rl, Ill Tel: (808) 967-82-~., Co~mdimrnrbcr i,t Fax: (808) 969-3291 COUNTY COUNCIL County ofHauvaii Hawaii County Su;l i:::o 25 Aupuni Sb-eer Hilo, Hamau 9670 June 23, 1998 MEMO ANDIIM: TO: All Council Members Hawaii County Council FROM: J. Curtis Tyler III, Council Mcmbex Hawaii County Cotmci), District RE: Legislative Alert: Senate to Consider.HR 1534: Private Property Rights Implementation Act (the "takings" bill) Per my announcement at the June 16th Council meeting, I'm enclosing topics of a recent Legislative Alert concerning HR 1534: Private Propcrty Rights Implementation Act (the "takings" bill). NACo has taken a strong position against this WE and is urging all County officials to contact our respective congressional representatives to vote against this bill. Should you wish to submit testimony regarding this matter, pleast: note that time is of the essence. If you need further information, pieasc contact Diane: S. Shea of NACri directly. 77-6399 Nalam St, Sumtc l-A Kailua•Kona, Hawaii 96740 Kong, Teiephone: (SOS) 326-5689 Fax: (808) 326-5697 05-2- 19gR 03:09PN <nhlP -Out I' -i r~~nc t : Off . 809 32E 5695' F'. n N 0 ~I~.-~.-~r uy'8f Cai.ni4; Cars 'or Arefr:cf LEGISLATIVE ALERT Senate to Consider HR 1534 Private Property Rights Implementation Act (the "takings' bill) Senator Majorith Leader Trent Lott i R-A:S1 has rdcertl~ Indicated that he e~pacts to sclwdule floor action on H R. 1534 before the luh 4"' rece s The bill ~wuld give developers and properh oiNners th, r.aht to take their iocal zoning and land use cases directh to federal court ithJnt e'dIau,diitc local and sate court remedies. X-I CO URGES CO(-\ TIES TO CON T-](:-, THEIR SEV ~,TORC I II11ED1.4TEL 1' TO URGE TH47- iIR JS?f XOTDS DRO(-GILT TO T77C 5TX-[TE FL( UR.. 5-\D TO I UTE AGAINST THE BILL IF S IT I5 BROUGHT ("P FOR FLOOR.' TI(, BACKGROUND: The bill, passed by the House last year, and reported out of the Senate Judiciary Committee in February, would shift the authority o,)er local land use decisions away from local and state authorties to the fede al courts. It would encourage property developers to intimidate county officials with the threat of a federal lawsuit. H R 1534 would also consider a claim "ripe" for federal court action if the property owner obtained a definitive local decision regarding the extent to which the property may be used and the property owne, was denied at least one appeal, However, if the prospects for success a;,e "futile the property owner may om t the appeal. NACo's POSITION NACo believes that H.R 1534 Is contrary to princloles of federalism and devolution. Under long-standing constitutional precepts, issues of local concern a e reserved for local governments and state ccui rs to decide and resolve. Federal courts traditionally abstain from intervening in local administrative proceedings until all state and local remedies have been exhausted. This system ensures a proper balance between the federal and state governments and protects the prerogative of local electeo officials to act in the best interest of the entire community. 06-27-19?5 O=:lOFh1 knNR 007 725 7597 F. -i ACTION NEEDED County officials should write or phone their Senators' offices as soon as possible to express their opposition to HR 1534. You may reach your Senators by phone by calling 1-888-Leg-NACo (534-5226). This number will put you in touch with the Capitol Switchboard. Simply ask to be transferred to your Senators' offices. Tell your Senators that the federal courts should not be interfering in local land use decisions. StaNContact: Diw*S. Shee, Associate Legislative Directo for Environment, ErieWard Lend Usk Phone: 202.942.4269, Fax: 202-942.4281, e-mail dshea@naco.org TOTzL P.0=