Land Use Coalition criticizes BLM proposal
by Ann B. Mygatt
Guest Columnist
The Land Use Coalition is studying the County’s recent proposal to purchase all BLM land in Boulder County. We have yet to take an official position. We do support purchasing open space at fair market value from willing sellers (as opposed to taking it from them through restrictive regulation).
Our mission statement: "To enhance the quality of life in Boulder County, and protect people's opportunity to own, use, and enjoy their property by promoting environmentally sound, fair and consistent land use decisions."
The County’s proposal to buy BLM land fails to address serious questions: For example, private landowners who depend on BLM easements and rights of way for access to their land, and who have long had the expectation they could purchase BLM land adjacent to their properties as buffer, have no guarantees their rights will be respected. No developers have approached the BLM to buy up the land, but even if they did, there are only 20 or so building sites possible due to the configuration and fractionalized pieces of land available. There is no need for hasty action.
It has not escaped our attention that the County, once again, failed to notify affected property owners of this proposal, and that the proposal attempts to bypass BLM rules and regulations governing the disposal of such land. There is currently an existing BLM plan in place for the disposal of its Boulder County lands. It not only protects the rights of private landowners, but also offers the land to the County as parks under the Recreational & Public Purposes Act, essentially at no cost. ($3.50/acre). The County can buy the BLM land under the current plan, and, working with private landowners to solve mining claim and access issues, could preserve the open space, and save Boulder County taxpayers as much as $8 million in purchase, surveying and processing expenses. Instead, the County has elected to purchase the land at fair market value, with no obligation to maintain public access or public use. Finally, keep in mind that this BLM land is already open space, and accessible to all County residents.
All of these issues should have been addressed before precipitously springing this proposal on an unsuspecting public and BLM.
Why did the County choose the strategy of ambushing the BLM and the public, without first obtaining substantial input from diverse sources? What legitimate public purpose is served by this strategy? The County began contracting to draft this proposal nearly a year ago, with no public disclosure, and for that matter, no disclosure to the BLM. Why did the Commissioners not publicize their "public hearings" last week on their intention to place a new bond issue on the November ballot? The bond money, not yet approved by voters, is necessary to consummate the BLM purchase. How can the Commissioners blithely assert that they will recognize citizens’ present and future rights of access while authorizing the County Attorney’s office to abolish landowners’ rights of access through brutal and expensive litigation?
The public deserves straightforward answers to these questions.
The Land Use Coalition has made it our business to ask questions. We are not afraid to expose what is going on in Boulder County.
For the benefit of those who missed the story, I offer the history of this grass roots organization: Earlier this year the County attempted to pass ill-conceived "slope regulations", a blatant attempt to restrict building on mountain lots. Affected landowners learned about the County’s intentions, not from the County, but from a concerned private citizen. A spontaneous grass roots movement emerged, reminiscent of 60’s activism. It soon became apparent that the real problem went far deeper than the slopes issue: Since then hundreds of people have joined together, shared experiences of abuse and oppression experienced at the hands of local government, and a desire to make government more accountable. The Land Use Coalition was born.
Our membership is economically diverse. Most of us do not have the means to challenge the County’s unfair and illegal decisions, and should not have to. Many of our members are afraid to speak out publicly because they fear attacks or future reprisals from Land Use and the Commissioners, even from their neighbors.
As a long time resident of Boulder County and a registered Democrat, I had no idea that our local government officials had lost touch with the humanity that once formed the cornerstone of our party’s philosophy. When did this happen? When did we citizens become so callous as to condone the blatant violation of the rights of a minority – by taking their property by any means possible -- in the name of "open space"? Every time the County denies a landowner his/her right to build using the heavy-handed tactics of oppressive land use regulations, it strikes another blow to the principles of our democratic government. This struggle is not about open space (which by the way, and irrelevantly I might add, most of our members strongly support), it’s about good government and fair government.
Ann B. Mygatt
Ms. Mygatt is a local attorney and member of the advisory board of the Land Use Coalition. She received this year’s Award of Merit from the Boulder Bar Association, and currently serves as Second Vice President of the Colorado Bar Association.
Copyright © 1999 Daily Camera.
Reprinted with permission.
For more information contact the Land Use Coalition at info@landusecoalition.org or call 303-666-7903.
Last updated June 04, 2001.
URL: http://landusecoalition.org/mygatt_dc_guest_ed.htm
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