Amendment 74 is bad for the community |

Amendment 74 is bad for the community

More than 100 years ago, in the case Hadacheck v. Sebastian, the U.S. Supreme Court held that private property rights must yield to the good of the community. A reasonable economic use of all property must be available, but the highest and best use is not guaranteed by the Constitution. This is the foundation of land-use planning. Amendment 74 would reverse this and preclude any regulation necessary to address changed conditions and the public welfare. Even the enforcement of existing regulations would be at risk and dependent on judicial interpretations of the proposed amendment. Growth management, regulations necessary for the protection of the environment, the requirement that new development pay its own way, and other types of land use regulation would be jeopardized by Amendment 74. Based on my experience, land developers do pretty well without the need for a return on investment based on highest and best use to the detriment of the public interest.

Vote “no” on Amendment 74.

T.F. Smith


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