islandpacket.com - The Island Packet Online

Search Everything in the Lowcountry and the Coastal Empire.

'Takings' legislation a blow to local government rule

House continues its assault on ability to shape community

Add Comment

If there's one hope for managing the pell-mell growth we are experiencing, it is sensible zoning and planning laws that can change as circumstances change.

But state House members last week dealt a severe blow to local governments' ability to cope when they passed legislation that calls for compensation in the event a change in zoning or a land-use plan reduces the value of property. A 1998 study of a similar measure concluded that it would cost local governments more than $100 million in its first year, and most of the money would go to lawyers and administrators, rather than landowners.

The "takings" provision was tacked onto a popular bill to stop governments from taking private property for private use.

It is one of a growing list of moves by the House this session to undercut local government. The most glaring example is the sweetheart deal handed to billboard companies. What seems to be working is that if you can't get satisfaction from local government officials, head to Columbia. House members seem more than willing to listen to special interests this election year. Forget about the rest of us.

The takings bill is particularly galling given the paucity of state funding for critical needs, such as roads. Some legislators fought hard against it, including Rep. Thayer Rivers, D-Ridgeland, and we thank them for the effort.

Our House representatives, Rep. Bill Herbkersman, R-Bluffton, and Rep. Richard Chalk, R-Hilton Head Island, voted in the end for the bill that would make the controversial takings provision part of state law. Both did vote against making the takings language part of the state constitution, which would have made it exceedingly hard to undo later.

Herbkersman says he's against the idea and hopes to see it changed in conference committee. The Senate version does not include any takings provision and only deals with taking private property for private use.

He said he hopes to be named to the committee that will hammer out differences. Still, he said he voted for the bill in the end because he wanted to strengthen private property protections put at risk by the U.S. Supreme Court's decision last year in a Connecticut case.

Chalk is another matter. He said he voted for the measure because he believes in home rule and by that he said he means "homeowners' rule." If a zoning change means lower value, then the community should pay the landowner.

Hilton Head Island officials met with Chalk last week before the House debated the bills and laid out for him the serious ramifications feared by the town. Town officials are even worried that zoning and other property use restrictions now on the books might be at risk, not just future changes.

In a letter to Chalk, the town writes, "Local governments will not be able to properly engage in land use planning because of unknown costs associated with restricting private property. ... Passage of this bill could result in excessive litigation and taxpayer liability."

The town cites as examples overlay regulations to preserve the character of the North Forest Beach and Folly Field neighborhoods, changes sought by residents in the areas.

Local governments need every tool at their disposal to get ahead and stay ahead of the pressures and costs of growth. We're fast losing our quality of life and our ability to shape the community as we see fit.

Chalk should remember who his constituents are and the history of land-use regulation, both private and public, on Hilton Head and in the rest of the Lowcountry. Those regulations have enhanced overall values here.

Chalk did say it wouldn't bother him if the takings provision is gone when it comes out of conference committee. His main goal was to protect against private property being taken for private use.

Let's hope that committee, which will comprise members of the House and Senate, shows some sense on this subject.