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Show TN e o . ‘ 3 Volume 1, Issue 3 NN T T T N T .= lo %@E%y N @%’g %@ uary . Vel R . e @@us"& ad@p‘%@d the ‘?@EE@W fig e - When the state has granted general wefifaf@ power to local T e ~ governments, those govemments have independent authority apart from and in additiono, specific grants of authority to . - pass ordinances that are 'easonably and appropriately ?‘@E&gied be ?@é’g@fiéfimit%@ "fidfiiduafi citizen. One mrsm can make a dif- ference. One thing we still havein America is the Democratic process. Each individual voice can be heas“d Th@ Sygt@m is stil @p@fi @m@é@d to ih@ me@pi | » | R - tothe objectives of that power, i.e., providing for the public TN e Gt Sa%@iy, h@aéih m@raés ang Wefia?‘@ (2-10) | e A landmark Smpr@m@ C@Ufit case Ci&i"f ed ih@ defiriition and: ~extent of public welfare. In 1954, M? Justice William O. B@ug as T hei in Berman v. Parker: st T e he concept of the public aieh‘am | S broad and inclusive - ’“é'ég@ values it represents are spiritual as well as gghysa@aé aes e TN thetic as well as monetary. S, N Pt™ lature it is Wa“g*’? ‘the power of the legis. to determine that the community should be beautiful as well as I @?%Eig”ygS;'EA0QMS i“@'xrxf@,%% as s::éean, %fi;éfiéé balanced&5 wellas ca 4o & g ¢y . = ¥ Wi i % Sfi wf%’?"y haven't more communities or th = Tg ik m g{y@\fitfi,fi direct.| ;p%w“‘é’% ihne environment. oy o 55 sea & g;,;y"zi"\;; e broad il”y 3 BT 3 :fiam, 3 (2-4) ey { ! e fven beafl;fléfl S . p 82 n impiementing policy, and why haven't ?w ¢ ; b en execuied or implemented by most local communities? w&‘“ M@nd | u@ns-—én eéay There L @S *’\3@ Pfiem s In "é@?a @ampa gn Spmsm@d by fi"fi@fi Governor Ca vin Rampton, was began in an effort to pass in the 1974 E@gaséafiure | the Utah Land Use Bill. Section 2 of the bill reads, “The | legislature find[s] that the gefl@a’aé welfare of this state demands a planned land use policy to insure the orderly use and develop- ‘ment of land and related natural resources and to protect and - preserve the private and @ubfi fii@?@%‘i@ in.such land and @f@g@m’@a,,z@é’@r ine benefit of present and future generations. The chisvement of such a policy r@qu res ih t the state assume a “"m{@ positive role in @n@@&grag ing, assisti ag, and coordinating m’:fi Use r’;gmmm within local jurisdictions.” ‘The Utah Land L Se Hill Was @,%@CW::E«TNM}? @QQ@@@@?? even after well designed plans to - draft and educale the public on ihe p ifi ose and significance of the bill were exscuted. Sl it *?%95@@3in the legislature amidst - scurrilous rhetoric Wr@g@fi @&%@@d a simzaag’bé in 1973, and ha% since @%@V@?@p@@ th @remr _and Conservation and devel @pm@m £l Iy Commission {LC] ‘,,;:fsflu,..}.Oregon’s current program for state éamd . o - The answer, {0a large extent, can be found in the westem state use @édflmfl@%"@ since become a national model. Utah’'s cuiture and af‘fz@wa@@my ng attitudes held by many voters, and pol- ailtempts io pass a state bill included an m*éugs“m strategy, icy makers, and in the voice of those who have an economic ifis’fig@h inclucdi ng major players or actors in the drama through stake'in m@asfiifiafi ing the status quo, and perpetuating cultural “buy in.” A governor appointed task force was instituted that ‘myths. N@i uncommonly, the perpetuation of the status quo is included major players from a good cross section of organizati lons at the expense of the tax paver, ang obtained, o some dearee, that would have = stake in the po E"cy g outcome. These. g:aéaveg:a,‘ RS ~arguably@»@us'ggc“ |, physical and natural environment. An exam- who were asked to come to the table, included members from Ehe , ple; many public offices, administered and operated from %:ax af“@vm © Heal Estaieir@2:% %fi“y the Utah Mi flmg Association, Amh ie@tsm - enue, have lobbyists on staff that lobby at the legislature, Planner Alliarice, League of Women Voters, County ~ X often for or agai inst policy that protecis a “g@@@ @E boy” ?’?%EW@F%( ~ C@mmssgs@fl@rg§ ihe Vice President and Geflefaé Mafiag@a’ @f - and/or system. These networks are usually well established, and Zions Secur fi&@ representing the financial and property i merestg are set up in Su@h a way as fo benefit key power players and ih@ -~ ofthe L.LD'S. ch ”fh the rai émad zmdustry, the State Planning current * Sgfi@fi@ 1.” The major players mi@m have an economic Coordinator, Public Ui lities interests, Exgcutave, irector of ihe - Farm Bureau, Mayors representing i@(::a | government, sta‘ie Dwnn, ; ers of the major media sources along the Wasatch Front, | Who are the ,fiyfiég’%’?%‘%fit | hm%’@ ha @% an mp@fii on u tah's Sfia%@ "wm’ir@m'm'@fifia;“&t ‘The Cattlemar’s Association, and Siaié Jdano use méé@y% As a general rule, those fighting against more . Representative s and State Senators: As previ @ugéy menti @n@;\»;:-\; | stringent state land use policy and increased state -1§§“ev@€vseés’n'@;mi;af%“fi' the introduction, this bill was introduced as a way of acquiring land use policy, are identified as follows: Utah Sta te Republican federal funds to help local communities umpiem@m‘ g@nfira pi@ns - Party members, exis‘a@i ive business and business ted to ex&rmc-' . ‘that would help carry out state poli cy in response to increased on sta ii} that were experiencing rapid growth, in the tive mg ness, rural residents, land owners who hold larger | pressure tracts of property, those associ iated with the real esiate mdusirvw - light of national and local heightened awareness of envi r@nmefiiai " concerns. mg;}a ents to the bill were, again, from the real estate includii ng land developers, those affiliated with the f‘fi%fi%‘i“&é@iéfifi industry--a pa n that has consistently been piay@d out. Dan mdug‘%ry and the Utah Home Owner's Association. In an interSimons, P?’@S?d@fii of the Salt Lake Board of Realtors is qu,;@ted mfl view with Alma Mansell, current Assistant Majority Whip in the a Salt Lake Tribune Viewpoint commentary, “Why . . grant ~ Utah State Senate, 1999 Appropriation Committee Chair, mmmst- tee member for Economic Development, and owner of | ‘greater police mw’%s’ and create another bumaucmsy of appoi m» Mansell Realty, | asked who he felt were the players agamsi State ed EPA- tyge officials? Do not be deceived and mandate away land use policy. He answered, “Fs’@ed@m oV ng Amemans with a ‘ves’ vote your constitutionally guaranteed pr@@@fiy hgms EE '5 was in favor. With further study now I'm against.” mothers, and people who like apple pie - J. Howard Dunn, vice president and general manager, Those players who desire a Eai’@@r mé for the state in mfla@m Securities (@w&...f real estate investment arm of the Chur ch. | m'@‘m“"énf land use policy, are, as a gbmmraé rule, identified as fo Jesus Christ of Lalter-day Sai Wis stated in ancther Viewn: i lows: 1 Utah State Democratic Party members, environmentale § Y. T e s iste--on These include such ola) s,flfléfi‘%%i%’“flai’“jLin th@ Salt Lake Tribune, S “Land g:%mmw s not 9 L hoth the state and national level. infringement on individual mrmgwety r ::;%%"@, Hather, when such grwfi a8ag the Future Maoves Coalition (anti-new highway organi(o controlsS are exercised on a local elective level, such : planning zation), the Sierra ;;Eéa,,b and the Naiure Conservancy, urban resi~ stake | in newly m@m%fi pfiig@y @ufié@m@ SO ' i cas"* continue. “i’:‘sus iness as u%ua”’ | TN . T - v\__f-r?\‘.«'*ww v, LT N NP I §m ) I S, N T N TS A R to have the %gf»@fi@@g»f economic N Nt 7 N e T i Y P e T 8 s et e P e g L ' S i o j i & sl . 'afi'.g o e fir opis A r 1 re S a T 272 R g =5 ® pfi’i’)wf’“%&@&fl indiv 8"’”;5?%8rights by our neighbors.” “There are . : ' more than jocal concern where a higher body, ne many outdoor enthusiasts of a Sp@@afi‘ic nature-- usually those %ha‘i » h%‘ @%iaii@ g%’%uufig @5@ ist in this determi flafiz ion. wh@f efizgaa don’t use motorized equipment in their recreational activities, and 'sh@da land development, industry, eic. land use planners. These players see themselves as being more The @w@n@%‘r% s00n cooled after the eas"i @@?@ anc; he - accompanying pressures of an expanding @@@mmy were afiéevéatappreciative of the environment, and want to preserve @pefi They ed io ‘S‘Qme'degr@@' The next wave of economic prosperity,. resources. natural and environment natural the and space for begmmng in the mid-nineties, contributed to a new wave of plan- necessary being as use view state regulations governing land the protection of these natural resources, and for the- bettermer‘it ning issues and concerns, with pressure on the state to address the problems ass: *‘%Csated with rapid growth, such as ansufiscnent ~ of the community. On the other hand, those opposed to an infrastructure to handle increased pressures created by a rap d!y‘ threat a as this increased role by the state in fand use issues, see by “bi ig bg’gthgg‘ " 10 Eundamefital private pmperiy nghts Reguia’t~ increasing human mpuiamn After the recession duri ing the ion is often viewed as anti-capitalistic, and harmful to local busi- - Reagan years and the era of high inflation and high i interest rates - the cons imm jon and real estate industry was more than s‘eady for ness and the local and state economy. Actors, such as Mr. Mansell, who are a part of the Real Estate, land deveicpmem an economic come back. This market was very interested in making sure tha %ffi@rafi state, and/or local governmentai mg cy and @@"’E%‘?%’U%Zs@fi industry, and large @&3?’@@5 property owners seem g e L i e\:\% Gy ’ is a guarantes for such rights against the reckiess exercis @3 \' " in to the state, often to escape urban sprawi and other undesirable @:é“a ts of mggsnamag @s’@wfi% in their own home states, g = 0 ~ dernis, @'&fii@“é?’z‘apéam ” or those who have mor re scent| ly moved = fl @ T T T T T . T e T 7 [k Qsmiy 3 Ll 40, ~ incentives to shape state fand use policy at this time. Manufacturing an Industry interests, also, LA L1 wouid not 5 ar*f% 11 its way. Many developers are able to use tax subsidies to ‘“fagwflx mize their profi is ?@C@@?fl taxes, state income play an gmpgggafi@; role. Ofen their cfi‘ws@g’fég are directed at policy zm' taxes, property | 2s and sales taxes are just some of the tax ‘the national level because of federal mandates controlli ing such '_e:éfi lars used o %,:s,; idize the development of water projects for | the benefit of a siite few. Wolf Creek Irrigation Company is curthings as emission standards and fifii@i‘bé‘fiaé commerce. fl@‘i sh@uéd drama rently seeking su ch a @ubssdy from the Sta’fe Boas’d @‘% Wmft@r this in oractress, actor, Another important ¥ -3 = |