Putting into play a sweeping new property rights
law, Larry and Karen Waide have issued an ultimatum to Oregon, their home
state:
Either pay them $15 million or allow them to develop their 173-acre
property into 1.5-acre lots.
South Carolina and its local governments could face similar demands
from landowners if a property rights group founded in the Lowcountry gets
its way.
The South Carolina Landowners Association has set its sights on
changing the state constitution to require that governments either forgo
new limits on development or pay property owners for any lost value caused
by regulation.
"For too long, the brunt of the cost has been on the property owner,"
said Mark Nix, executive director of the group, which was formed five
years ago to oppose Charleston County land-use regulations.
Under the association's "just compensation" concept, if a developer
were to purchase a tract of land, and the potential to develop that land
were later limited by a zoning change, the developer could demand payment
or a waiver of the regulation.
Opponents of such a policy say it's a thinly disguised attempt to block
virtually all land-use planning.
"It is a crude sledgehammer," said Dana Beach, director of the South
Carolina Coastal Conservation League.
"I think, ultimately, the Legislature will be wise enough to reject
it."
Howard Duvall, executive director of the Municipal Association of South
Carolina, said similar bills have been introduced in the Legislature just
about every year and have been defeated.
"Who doesn't want the government off their back?" he said. "But it
(adopting a law similar to Oregon's) would be open season -- anything goes
in your community."
In Oregon, the state government is waiving land-use regulations on a
case-by-case basis, rather than paying landowners with valid claims, under
the new law, which resulted from a referendum on what is known as Measure
37.
The measure was retroactive, giving Oregonians the possibility of
avoiding decades of zoning and land-use regulations. More than 500 claims
were filed with the state during the first six months of this year.
"What it has done is establish property-specific land-use time zones,"
said Lane Shetterly, director of Oregon's Department of Land Conservation
and Development. "Somebody who bought their property in 1947 and files a
claim owns the land in that 1947 time zone."
Nix said a South Carolina version of Measure 37 probably wouldn't be
retroactive. Instead, it would apply to any land-use requirements that
could come after such a law were approved.
He said there would be exemptions for health and safety regulations,
and adult businesses would be exempt from the compensation provisions.
"What we would hope for is to have voters consider it in 2006," he
said. "There are five or six states working toward this."
While such measures have failed before, property rights groups have
been energized by the success of the Oregon ballot measure, which passed
with 61 percent of the vote, even though supporters were outspent by
opponents.
The campaign supporting Measure 37 was primarily financed by timber
industry interests. It was promoted as a way to keep big government from
trampling the rights of small landowners who had been prevented from
building homes for their children.
Oregon has long been regarded as a national leader in land-use planning
and regulation, so the passage of Measure 37 surprised advocates of
smart-growth policies, who generally believe voters did not understand the
impact of the referendum.
"For the state, it does throw into doubt the ability of local
communities to plan for their future and how they are going to grow," said
Dan Emerine, a spokesman for the Smart Growth Network, a national
consortium coordinated by the U.S. Environmental Protection Agency.
"They (the voters) may not have realized this would be the result,"
said Emerine. "People in the smart- growth community are talking to people
in Oregon to see what happened there."
Property rights advocates believe that the voters in Oregon knew
exactly what they were doing and believe that voters in other state will
follow suit.
"In Oregon, after decades of smart growth, they decided it just doesn't
work for them," said Nix.
In fast-growing Charleston, Berkeley and Dorchester counties, land-use
planning and regulation have been a hot issue. Charleston County's urban
growth boundary, Dorchester County's proposed down-zoning of rural land
along Highway 61 and Charleston's recent rezoning of industrial land on
the peninsula are among regulations that could be subject to a challenge
under an Oregon-like law.
"The community would be at financial peril" if such a law were
approved, said Charleston Mayor Joe Riley, who has won national awards for
city planning. "I think it's anti-free enterprise to suggest the
government should ensure people's investments."
Philip Ford, executive vice president of the Charleston Trident
Homebuilders Association, said homebuilding has kept the economy afloat in
recent years, and restrictive land-use policies mean fewer construction
jobs.
"When you restrict Poplar Grove and Watson Hill, you put people out of
work," said Ford, citing two large and controversial developments. "I've
always said, if you like looking at it, and you don't want it developed,
then buy it."
Back in Oregon, the Waides' claim is among hundreds the state is
processing. Opponents of the measure have filed a constitutional
challenge. Until a resolution is reached, the state of Oregon, and local
governments there, expect to face compensation claims worth between $54
million and $344 million yearly.