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Show PANGUITCH • PANGUITCH LAKE • HATCH • BRYCE • TROPIC • ANTIMONY • HENRIEVILLE • CANNONVILLE • ESCALANTE • BOULDER Thursday, March 25, 2010 • Issue # 261 UTAH LEGISLATURE STANDS TALL FOR PROPERTY RIGHTS Since the Conatser ruling in 2008, the Utah Legislature has struggled with balancing private property rights and recreation rights. The Conatser ruling came as a shock to property owners whose lands had been protected for more than 100 years. The court's recreational easement on private property established a burden on landowners that lacked historical foundation and has adversely affected landowners across our state. In testimony before the legislature, landowner after landowner offered examples of abuse of their private property by recreation enthusiasts. A rancher along the Provo River documented more than 250 trespassing anglers and rafters in just a six day period climbing a six-foot gate to cross his private bridge. Tired of finding human waste behind every bush, at personal expense the rancher was compelled to bring in portable toilets. Trespass, escalating disregard for private property and declining property values demanded legislative attention. Article I Section 22 of the Utah Constitution says, "Private Property shall not be taken or damaged for public use without just compensation." The Supreme Court recognized they had established a burden on landowners, admonishing anglers and other recreation interests that their injury to private property should be no "greater than necessary for the effective public enjoyment" of the easement. The result is clear; property owners are expected to absorb some undefined level of public injury related to the court decreed recreational easement. Pointing out the difficulty in squaring the court's decree and the "no damage" provision of Utah's Consti- By Randy Parker tution, Representative Kay be open to the public for all habitat, including habitat McIff and Senator Dennis recreational activities. for fish, should be able to ASSESSOR Stowell drafted legislation Farm Bureau commends sell that recreational op- Kade Fullmer, Panguitch - Republican HB 141 "Recreational Use the legislature for defending portunity. Farm Bureau be- Joe Thompson, Cannonville - Republican (incumbent) of Public Water on Private historic and constitutional lieves HB 141 is a balanced ATTORNEY Land." HB 141 embraces protections on Utah's lim- approach to this complex Barry L. Huntington, Panguitch - Republican (incumbent) Constitutional protections ited private property. There property rights issue. HB AUDITOR/CLERK for landowners, while rec- are approximately 5,000 141 will provide a broader ognizing legitimate recre- miles of non-navigable range of economic oppor- Camille A. Moore, Panguitch - Republican (incumbent) ational easements do ex- streams that cross Utah's tunities for private prop- COMMISSIONER "A" ist on some non-navigable farms and ranches. While erty owners, incentives for Elaine M. Baldwin, Panguitch - Republican Utah streams based on his- some streams don't sustain healthy streams and may Leland F. Pollock, Panguitch - Republican toric use. fish, some great fisheries help preserve a new genera- Tom Simkins, Panguitch - Republican Knowing that placing are located on private prop- tion of farmers and ranch- Bret M. Taylor, Panguitch - Republican common sense restrictions erty because landowners at ers. Wallace Ralph Veater, Panguitch - Republican on the expansive Utah Su- personal expense have deWe ask Governor Her- COMMISSIONER "B" preme Court ruling would veloped fish habitat. bert to sign HB 141. Clare M. Ramsay, Tropic - Republican (incumbent) not be popular, a bi-parThere are market-based Randy Parker Theron David Rose, Henrieville - Republican tisan majority of Sena- solutions like the Cooperais CEO of the Utah RECORDER tors and Representatives tive Wildlife Management Farm Bureau Federation. overwhelmingly passed Units (CWMU) program Les Barker, Henrieville - Republican (incumbent) HB 141, placing principle that proSHERIFF ahead of popularity. vides acJames D. Perkins, Jr., Panguitch - Republican (incumbent) Recreation interests cess to TREASURER argued they should be al- private Jeannie W. Henrie, Panguitch - Republican (incumbent) lowed to wade in brooks property. SCHOOL BOARD DISTRICT #4 in people's backyards that Farmers, Kenneth G. Platt, Henrieville - Non-Partisan (incumbent) don't have enough water ranchers There will never be a better time for Utahns to require to float an inner tube or to and other their elected representatives to perform official duties SCHOOL BOARD DISTRICT #5 and live their personal lives according to values all keep a fish alive. Others landownBobbi Bryant, Hatch - Non-Partisan Utahns can be proud of instead of embarrassed about. suggest the public should ers who Cheryl Cox, Boulder - Non-Partisan have access to every trickle pay propJoin your friends and neighbors demanding honesty, Linda Crawford, Boulder - Non-Partisan of water 24-hours a day, erty taxes openness, fair play, accountability, and responsibility. Gladys H. LeFevre Boulder - Non-Partisan (incumbent) 7-days a week regardless on their The time for political games, baby steps JUSTICE COURT JUDGE of neighborhood safety and streamforward and giant steps backward is over. Russell B. Bulkley Panguitch - Retention privacy issues. Some said beds and Sign the Utahns for Ethical Government HB 141 is unfair to anglers invest in Elizabeth A. Christensen Escalante - Retention petition at www.utahethics.org who generate $386 million wildlife Martin Nay, Panguitch - Retention dollars to Utah's economy. Certainly, this is a significant contribution On the other hand, it is important to note Utah's farms, ranches and food Managing Yourself, Leading Others, Unleashing Potential THE related industries generate more than $15 billion for Small Business Managers in economic activity which 11=MMIMPOPM 41111 employs nearly 70,000 Utahns. This too is significant. More than 75 percent of Utah is governmentowned and open to public access. Some 17,000 miles of streams are open and readily available for recreation activities. In Utah's open access setting, policy makers must be careful of You've likely heard about t e •est-selling book "The 7 Habits of Highly excessive entitlement. 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A COOptivabver agreevtl.Ant 44411 ft U. '• 11 ' Ir . SOUrifivni lliahStals _Ug 111•9fSily Ammo Trafriorocv itt COILEGE COPERATIVE EXTENSION You might as well fall flat on your face as lean over too far backward. James Thurber /4 ‘ FranklinCovey ‘01 BEAVER COUNTY Economic Development Multimedia air business Achluerstrabor Sno, SBA Phone: 435-676-2621 Fax 1-888-370-8546 PO BOX 472, Loa, Utah 84747 snapshot@scinternet.net -.0111Ma.. Member of: ***** fir Utah Press' * * * * * IFPA. INDEPENDENT FREE PAPERS OF AMERICA ac_ VIAl ■ 1U•"1/1 srs 11Ama LZT. •tig r THE GARFIELD COUNTY INSIDER is owned and operated by Snapshot Multimedia and is distributed weekly to all of Garfield County. Its purpose is to inform residents about local issues and events. Articles submitted from independent writers are not necessarily the opinion of Snapshot Multimedia. We sincerely hope you enjoy the paper and encourage input on ideas and/or suggestions for the paper. Thank you for your support. 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