Citizens' Alliance for Property Rights

capr County Chapter

Event Calendar

Helping Wendy Birnbaum defend RCW 64.40 will help you too.

She is appealing a superior court ruling that, if allowed to stand, trashes
RCW 64.40 that was put in place by the legislature specifically to reduce the
time necessary to get permission to use your property. The legislature
recognizes that time is money and put RCW 64.40 in place to allow permit
applicants to recover damages when permits are held up past 120 days.

“64.40.020 Applicant for permit — Actions for damages from governmental
actions.

(1) Owners of a property interest who have filed
an application for a permit have an action for damages to obtain relief from
acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful
authority, or relief from a failure to act within time limits established by
law…”

Read Wendy’s story and see if it meets the legislative intent of RCW
64.40.

On February 23, 2005, she filed a complete application for a conditional use
permit to change the use of approximately one-half of her 110 acres near Orting
from mobile homes to a recreational vehicle campground. We are talking about
moving off a mobile home and parking an RV in its spot. All utilities are
already in place. No clearing needs be done. The only real development that she
wants to do is create a small manmade lake using runoff from the site.

By December of 2006 she had jumped all hoops put in front of her in a timely
manner and was ready for Pierce County to make its decision. That decision,
approving the permit, did not come until March 15, 2010, provided for over 30
new hoops, and came only after Birnbaum petitioned for a writ of mandate to
compel the County to move forward.

Five years and hundreds of thousands of dollars of hoops later, plus at
least three years of lost profits, and Birnbaum had her permit.

With the final decision in hand, Birnbaum could finally file suit under RCW
64.40, which provides a remedy of damages for property owners harmed by improper
actions by government on land use applications. King County Superior Court Judge
Bruce E. Heller disallowed Birnbaum’s suit by claiming that he was bound by the
Appellate Court decision in Brower v. Pierce County (1999) that granting the
permit to Brower was “adequate relief” even as he ignored other cases, including
Supreme Court cases, that found damages could be awarded even after a permit was
issued. CAPR has gotten involved in Birnbaum’s appeal so that Judge Heller’s
ideological interpretation of the legislative intent of 64.40 does not become
the new standard. CAPR is the organization that made Ron Sims eat his 65%
CAO land grab!

Wendy Birnbaum has exhausted her resources. She is living on her husband’s
retirement and a little income from the trailers currently on the property. Her
husband passed away part way into this debacle. She has been financing this
project by borrowing against the property but she can no longer do that because
she does not have the income to support further borrowing. She pays $48,000
per year in property taxes to Pierce County so they can afford the bureaucrats
that have bled her dry.

Most of you are aware of the enormous costs extracted prior to any
construction activity and the routine flouting of RCW 64.40 by local planning
and zoning departments. Contribute to the CAPR Legal Fund today so we can keep
this suit in the appeals court. You may already have your house but think of
your kids and grandkids trying to build theirs.

We only need another $20,000 to reverse this travesty. It costs ten times
that for wasteful bureaucratic hoops on every building built. Please help us
help you and Wendy today by making a tax-deductible donation
today.

capr News

Sustainable Communities’ Impact on Property Rights

“Sustainable communities” are the blueprint for future property development
in the Bay Area of California. You will be told where to live and how to
commute. You will be “encouraged” to use public tr
...more

Bonner County moves for caribou coordination

SANDPOINT — Bonner County is pressing ahead with efforts to challenge the
designation of habitat for endangered woodland caribou.

The board adopted a resolution Tuesday insisting that the U.S. Fish
...more

Earmark investigation: Rep. Norm Dicks and Puget Sound

Olympia, Wash. — In January 2007, Rep. Norm Dicks (D-Wash.) became chairman
of a congressional subcommittee that gave him the power to secure millions in
federal funds to environmental projects in his
...more

Woman faces jail time for planting vegetable garden in front yard

When Julie Bass planted a vegetable garden in her front yard, the last thing
she expected was facing jail time for refusing to remove the plants.
...more

Economists in the Wild

Far from damaging brains and killing seals, applying basic economics to the
environment preserves it.

The industrial revolution that began about 200 years ago has changed
humanity’s relation to, an
...more

Tea Party network emerges as counterbalance to state-level green pressure
groups

Across the country, private citizens and business owners are joining forces
with Tea Party activists to push back against well-funded green pressure groups
that work with government officials. Over th
...more

Texas House passes property rights bill

AUSTIN — The Texas House tentatively approved a bill on Wednesday that clamps
down on governments' ability to seize property using eminent domain, an issue
Gov. Rick Perry declared an emergency at the
...more

One Man's Trash Is Another's Treasures

ELBERT COUNTY, Colo. -- The country is colliding with suburbia southeast of
Denver, where Elbert County commissioners Wednesday unanimously passed a
proposed law on rubbish.

Ordinance 11-01 passed
...more

The Floating Dollar as a Threat to Property Rights

TO BEGIN, consider one of the most important measures of property, the
kilogram. It’s a measure of mass or, for non-scientific purposes, weight.
According to the papers last week, a global scramble is
...more

Residents win $2.5M settlement after blaming Seattle for floods

Twelve Madison Valley residents, tired of being flooded out of their homes,
have won a nearly $2.5 million settlement with the city of Seattle.

They claimed the city chose to let their homes flood
...more

THE HORRORS OF AGENDA 21 AND ICLEI IN FLORIDA

This horrendous threat to our lifestyle and the Constitution is making rapid
progress, infiltrating every aspect of our lives from the air we breathe to the
food we eat. It has to be stopped and only
...more

BIG NEWS: Federal Court Halts Shocking Property Rights Abuse

When my son came back from Kuwait he couldn’t believe it. He said, “Mom,
what’s going on?” And I said, well they want to get rid of us and they’re
finally doing it. He was upset. He said, “I’m
...more

San Diego County Supervisors Disagree About Private Property Rights

San Diego County Supervisors disagree over the effects of their new general
plan for future growth in the unincorporated areas. The board is grappling with
requests from more than 200 property owners
...more

Property rights upheld Monday

Homer property owners shouldn’t have it spelled out for them how many crab
nets or recreational vehicles or cars can be stored on their property.

That was the consistent message to the Homer City Cou
...more

City’s Beef With A Poultry Processor

Katy Grimes: The city of Sacramento is quickly on its way to infringing on
the life, liberty and property rights of yet another business and land owner.

New American Poultry, a family owned Sacrame
...more

City officials rally for redevelopment; Brown wants to divert money to other
uses

Local officials are taking part in a six-figure League of California Cities
media campaign to whip up public support for redevelopment.

The campaign centers on a petition warning legislators agains
...more

Don't take away private property rights with buffers

Regarding the article “Bill would undo trout protection,” (AC-T, March 5), I
have studied the rules of the N.C. Department of Natural Resources. The area of
private property affected is much more than
...more

City council shouldn’t be messing around with property rights

I am very concerned, as we all should be, regarding what Delta City Council
is trying to pull with Joyce and Rudy Rodriguez’s property rights! The
“grandfather clause” was devised specifically to prot
...more

Populist before it was capitalist

The United States is often held out as the world's principal beacon of
free-market principles. To the extent that it backslides, there is thought to be
little hope for such principles in other countri
...more

Thomas Sowell on Property Rights

“Among the natural rights of the colonists are these: first, a right to life;
secondly, to liberty; thirdly to property; together with the right to support
and defend them in the best manner they
...more

The Retributive Theory of Property

Property rights are collections of rights. In the first place: for something
to be your property you must have the right to use or enjoy that thing. In the
second place, you must have rights of contro
...more

Neal Boortz: Take note of Marx’s mark in classroom

The beginning of another government school year is right around the corner,
and with that comes your child’s first experience with the government’s attack
on private property rights.

Now I know th
...more

Independence and the Right to Private Property

It is truly a tragic sign of the times, that to be in favor of private
property is increasingly viewed as being extreme. Witness the manner in which
the New Left demonizes the political right, sneerin
...more

Dorothy English is not the end of the story on land-use planning abuse

Advocates of land-use planning laws should celebrate rather than mourn the
victory that the Oregon Supreme Court has granted to the estate of Dorothy
English. If they are wise enough to respect this a
...more

Americans relate to Founders, not Progressives

Democrats are reportedly planning to raise $125 million for a campaign to
sell Obamacare to the voting public. Apparently the idea is that what 50-plus
presidential speeches and statements and months
...more

The battle to preserve property rights is in danger of being lost

It would be nice to find effective means of alerting the public as to what’s
happening to our property rights without necessarily shouting at the top of
one’s lungs.

A more graceful way of comment
...more

Ugly debate embroils beautiful Salt Lake City neighborhood

Walking the dog by her 1922 Tudor, a woman winces at two behemoth homes that
eclipse hers from a block away. On Yale Avenue, another lives in the shadow of
an ambitious builder's latest redesign and f
...more

The Horcrux Theory of Property

Among the several thousand articles I'm allegedly writing is one tentatively
entitled The Horcrux Theory of Property. A confluence of events and ideas this
week has prompted me to write about it here
...more

Hotel Conference Center May Trump Private Property in Eminent Domain
Case

In Auburn, New York, the city is threatening to invoke eminent domain to
seize private property for a private hotel conference center, saying the public
good outweighs the private property rights of s
...more

Historic Preservation vs. Private-Property Rights

The recent battle between a property owner and the Morrison Historic
Preservation Commission in Illinois has again reinforced the importance of
private-property rights.

The battle centers around a
...more

Man urges repeal of growth plan

Educate yourselves in Montana law, Dan Cox told more than 80 people at a
Tuesday night meeting supporting repeal of Flathead County’s growth policy.

Only then, according to Cox, will private landow
...more

Ancient Indian Village in Rhode Island Pits Preservation Against Property
Rights

NARRAGANSETT, R.I. — Long before this town existed, there were Indians of
that name who lived, camped, hunted, fished and grew maize in the woods and
fields along the shoreline.

Now, archaeologica
...more

S.F.’s housing mob and the death of property rights

By Michelle Malkin • April 5, 2010 10:13 AM

I’ve reported many times about the housing entitlement mob over the past
several years. Boston has self-proclaimed bank terrorist and housing
entitlement
...more

Banks, Basketball, and Property Rights

On March 11, Barclays Capital took out a full-page ad in the front section of
the Wall Street Journal to declare that it is “proud” to celebrate the
groundbreaking for the new Barclays Center in the P
...more

Setting Boundaries for Property Rights

The U.S. Supreme Court surprised many when it decided it would review an
unusual Florida property rights dispute this fall. That case, Stop the Beach
Renourishment v. Florida, involves some of the mos
...more

Avatar’s hidden pro-property message

Forget its left-wing themes. At its core, the movie is about defending
property rights — something conservatives should embrace.

Conservatives have been very critical of the Golden Globe-winning fi
...more

Erosion of ownership rights

Property rights are under assault on at least six different fronts, from all
branches and levels of government. The only encouraging news is that a seventh
front - the beachfront property of Supreme C
...more

PLF scores win in fight to save Puget Sound homeowner’s property

The Washington Court of Appeals this week handed a major victory to a Lummi
Island homeowner, represented by Pacific Legal Foundation attorneys, who has
been blocked by county officials from protectin
...more

No economic reality for Redford

Robert Redford is an example of the human species at its finest — rich and
good-looking, I mean — so naturally he would never consent to live in anything
so tawdry as a "subdivision." During his vi...more

Experts: County should focus regulatory energies on upland areas rather than
shorelines

An estimated 300 islanders crowded into Friday Harbor High School's Hall Gym
on Tuesday to hear a panel of well-credentialed experts take issue with the
state's best available science and pending chan
...more

65% Taking Declared Illegal

...more

County Sued in Federal Court

The County of Santa Barbara isn’t in the clear yet when it comes to
litigation from Adam Brothers Farming, Inc., which had a lawsuit filed in
federal court on its behalf by attorneys from the Pacific
...more

Can't Keep Them Down on the Farm

Rural King County residents are fighting back against environmental
restrictions imposed by Seattleites. And they’ve just won a key battle.
...more

Limitations put on challenges to growth

A Supreme Court ruling limits the ability of outside groups to challenge past
growth decisions in Thurston County, a decision that has ramifications for
property owners, developers and environmentalis
...more

Rural property owners win one

Almost four years ago, urban area members of the King County Council launched
an outrageous assault on property owners in the unincorporated areas of rural
King County.

Over opposition from some o
...more

Court rules against KC land clearing regs

In a July 7 decision, a panel of three Court of Appeals’ judges ruled that
King County’s land clearing regulations, which are part of the so-called
Critical Areas Ordinance that became effective in 20
...more

King County's rural-land restrictions go too far, court rules

In a case that could determine how far local governments can go in limiting
forest-clearing across entire watersheds, a state appeals court ruled Monday
that a King County law went too far.

Rural p
...more

Landlords may be held accountable for drug houses

RENTON, Wash. - King County may soon push for landlords to be held
accountable in helping to shut down drug houses.

Councilman Reagan Dunn is pushing for an ordinance that would require
landlords
...more

Eminent domain measures' battle ends

A pitched battle between two ballot measures promising eminent domain reform
- one of them backed by the California Farm Bureau - came to an end this week,
with California voters choosing Proposition
...more

Old law lets developers use old rules, thwarting Puget Sound protection,
critics charge

On a forested parcel of land in Burien, above streams, wetlands and steep
slopes, a new condo development is being built.

When it's done, the Westmark Development Company's Emerald Pointe condos,
p
...more

Paying landowners to protect Puget Sound

Everybody, it seems, wants to save Andrew Albert's farm.

The 90 acres of green hay fields and barns near Arlington hug the
Stillaguamish River, which, with some restoration, could be home to abunda
...more

The Cascade Agenda: a new conversation

The Cascade Land Conservancy is welcoming 1,800 of its closest friends to
breakfast today. The annual awards program — the 13th — combines honors and
coveted recognition of community leaders with the
...more

‘Smart growth’ plan met with opposition

Two dozen ranchers, contractors and real estate agents—most from the North
County — asked county supervisors this week to delay or, preferably, kill the
county’s long-awaited “smart growth” proposals,
...more

Pilot project, or land grab?

The King County Council's comprehensive plan committee held a meeting last
week at Snoqualmie Middle School to take input from the public on several
proposals. The change proposed for Snoqualmie Valle
...more

Support landowners who keep their property in forestry

Conversion of forestland is at an all-time high and accelerating.

The main force behind this is the difference in the value of land for
development, versus growing timber.

...more

Property rights are lawyer's passion

Hanging in the Sarasota conference room of law firm Brigham Moore is an
earth-tone print of six Plains Indians seated and standing around a table with a
parchment copy of the U.S. Bill of Rights in th
...more

Forget global warming: Welcome to the new Ice Age

Snow cover over North America and much of Siberia, Mongolia and China is
greater than at any time since 1966.

...more

Big land deal, big questions

When the government sells public land, the law usually requires competitive
bids so taxpayers get the best deal.

But King County is bypassing that rule for one of its largest land sales in
recent y
...more

Permanent burn ban planned in rural areas

The Puget Sound Clean Air Agency, which is in charge of air-quality laws in
the three counties, announced Monday that it is planning to impose a permanent
ban on burning related to land clearing and a
...more

Let ferry users pay

I sent the following letter to each member of the King County Council
regarding the taxes that will be levied to support the creation of the new ferry
district and surprisingly, received only one repl
...more

$36.8 million award for undevelopable land

Half Moon Bay city officials said Thursday they are stunned by a federal
judge's order that the city pay a landowner $36.8 million for coastal property
the court says the city damaged.

...more

Bigger floodplain, bigger worries

In the wake of Hurricane Katrina, the Federal Emergency Management Agency
(FEMA) is in the middle of a dramatic revision of the country's floodplain maps
that could curb development on several billion
...more

Proposal jeopardizes future property rights

What's Measure 49 really about? The future. If Measure 49 passes, that future
is bleak.
...more

King County raises taxes to rebuild levees

King County residents will pay an additional $32 million in property taxes
next year to rebuild levees that protect low-lying areas from floods.

...more

Property rights group forms to fight Upper Sims project in Port
Townsend

PORT TOWNSEND - A property rights group has formed to fight a proposed
redesign of Upper Sims Way and creation of a taxing district to finance the
project.

...more

Property rights battle rages in Bonney Lake

The rights of private property owners are being debated in Bonney Lake these
days.
...more

A little "donut hole" creating a big problem for Maple Valley

MapleValley marks its 10th anniversary this week. The desire for
self-determination of how the Maple Valley area would develop, and frustration
and disagreement with the vision that King County held f
...more

Higher taxes? Court clears way

Homeowners in some parts of the state could see larger local property-tax
increases as the result of a state Supreme Court ruling on Thursday.

...more

U.S. Sues Property Rights Ranchers Over Grazing on Federal Lands

WASHINGTON, DC, August 30, 2007 (ENS) - The U.S. Justice Department Wednesday
sued two ranchers and the estate of a third rancher for trespassing on federal
lands in Nevada. The ranchers, both living
...more

On property rights, no better friend

John McCain has done a service to the conservative cause by injecting the
issue of private property rights into the presidential campaign.
...more

Foot ferries nearing a rebirth

A new-style Mosquito Fleet could ferry passengers across Puget Sound, and
maybe even Lake Washington, under a plan approved unanimously Monday by the King
County Council.

...more

County parks levies get panel's OK

The Metropolitan King County Council has moved a step closer to asking voters
in the August primary to levy $217 million in property taxes to maintain and
expand parks.
...more

Making a loud noise for fair use of property

The property-rights movement, said the speaker, "is not going away." He
added, "At some level I think they're going to be successful."
...more

Mole traps can lead to mountain of trouble

The surveillance meant hours in an unmarked car, staring down at a Kenmore
home, waiting for something to happen. But, in the end, wildlife officer Lance
Stevens Jr. got his man.

David Krick, aka,
...more

L'Eggo My Lego

Some Seattle school children are being told to be skeptical of private
property rights. This lesson is being taught by banning Legos.

A ban was initiated at the Hilltop Children's Center ...more

CAPR has given birth!

It's official. CAPR has a brand new San Juan chapter due to the organizing
efforts of Frank Penwell. Frank has rounded up some willing helpers and has
started our first official chapter. Stayed tuned
...more

Regulation chokes housing market

For many years, people of all income levels were able to buy homes in the
Puget Sound region because there were houses available within affordable price
ranges. Today, a shocking proportion of the pop
...more

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...more

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