| OCR Text |
Show WASATCH MOUNTAIN TIMES Property Rights, Takings and the Endangered Smokers Act By Rick Brough he new GOP House of Representatives has already made its mark upon history, asking, among other things — why should the Endangered Species Act account for spending millions of dollars, and infringe on the rights of countless property owners, to protect a lot of small insignificant animals with funny names? - Ironically, this comes from a group of people led by a guy named Newt Along with a new Congress, a revolutionary new cause, called the Property Rights movement has caught fire with conservative-thinking folk across the land. This all happened after a right-wing legal scholar somewhere asked, “Can you say ‘takings,’ boys and girls?” Basically, the idea, as I understand it, (Til try to get this done quickly, folks, kinda like reading the rules at the Academy Awards show) is that the Constitution says the government can’t take property from you without just compensation. In other words, the bureaucrats have to pay when they run a freeway through somebody’s cow pasture. Apparently, courts have agreed for years that a ‘taking’ occurs when a government action takes away virtually all the value of a property. But now come the Newt Brigade! As this column is being written, the House has just approved the Private Property Protection Act, which says that a taking has occurred when environmental regulations diminish the value of a property by 20 percent or more! (This applies in particular to wetlands regulation and the Endangered Species Act.) According to one news report, Rep. Richard Pomba said this will rein in “a bureaucracy out of control and running amok.” (The Pomba, by the way, is a species related to the Newt.) All three of Utah’s representatives voted for the legislation. This includes Rep. Enid “Green” Waldholtz; Rep. Bill ‘Honest I am a Democrat’ Orton; and last but not least, Rep. Jim ‘Once you’ve elected him, you don’t need to elect him again, but we keep doing it anyway’ Hansen. Frankly, the Newtoids have a point. The Endangered Species Act was not written to protect every small mammal and bird. As my research has shown, the Act was only intended to save animals highlighted in Walt Disney movies and nature documentaries. For instance, one very influential film was “Sammy the Way-Out Seal.” Therefore, the Act protected WayOut Seals. Regular seals could be slaughtered as if they were Nazi extras in a “Dirty Dozen” sequel. A few animals are still controversial, even if they were sentimentalized by Disney. The Northwest spotted owl has raised two concerns from conservative critics: 1) Overzealous efforts to protect it have stymied the logging industry in the regions, and 2) it can twirl its head 360 degrees, proving that it must be some sort of devil bird! The reintroduction of wolves to Yellowstone has also provoked argument. In fact, a PBS children’s show recently examined the issue — and I must emphasize, the show presented both sides. Shari yoming oolens Lewis was in favor of bringing back the wolves, but Lamb Chop was adamantly opposed. Seriously folks, I think most of us are in favor of preserving the majestic bald eagle, the proud cougar, or the ferocious and awesome grizzly bear But I a on’t think the general public understands why the Endangered Species Act should save every microscopic mollusk out there. One recent news story pointed out that a Southern Utah property owner couldn’t use one of his ponds because it was the habitat of the Kanab Amber Snail In another instance, developers near St George object to restriction on their land because it’s the home to the desert tortoise (Notice that both of these species are slow moving. I think we can all agree that if a species can’t move its ass to get out of the way of a Ford 4x4, why does it deserve to exist, anyway?) Is Proud To Be A Part Of The Wasatch Mountain Times We hope interest in making The of Your You will take a vested Your surroundings by Times an important part Mountain Lifestyle 6 Wyoming Weare — riecce reer ¥ JACKSON ae the Newtoids have made their point. Protecting the environment is fine, but if the law detracts from the value of someone's private property, the government should pay up! But doing away with The Endangered Species Act should be only the beginning. A far more egregious abuse is occurring with a law right here in Utah. (Moms and dads: If you have attorneys in the house, have them gather around the Wasatch Mountain Times now.) Probably the most obvious case of “takings” legislation is the Utah Indoor Clean Air Act. By prohibiting smoking, the act has diminished the value of hundreds of restaurants and coffee houses across the state. And under the “takings” philosophy the state owes financial compensation to every one of those businesses. While it is a worthy goal to guard against the effects of cigarette smoke, it is unfair to ask a property owner with a restaurant to take on that economic burden, all by himself — just as the Property Rights movement would not ask a landowner to assume the entire responsibility of protecting an elk habitat. Fortunately, the Clean Air Act is being opposed by a group of upstart legislators, known as the Marlboro Cowboy Caucus. Their leader is Rep. Menthol Johnson (Dem-Old Golds) a rip-snorting but amiable character who likes to put a bulldog hold on strangers to make his point. (When he gets overly excited, he leaves them hogtied on the floor.) Johnson told us, “It’s a sad day when a ‘nicotine patch’ means the bushes outside, where you're allowed to smoke.” He points out that previously, restaurants were allowed a smoking and no-smoking section. Under the smoking ban, half of a restaurant's customers will no longer be welcome at least a 50 percent decrease in the value of the prop- USA Adventure Designs For The Wasatch Back Country Wyoming Woolens 518 Main Street Park City, Utah 801-645-9427 Food Market & Delicatessen Specialty Food Market * Delicatessen * Café Oe Meh coe Deb meyer lem dele oomer TEL he and Sandwiches * Imported meats, Cheeses and Patés * Baked Breads, erty We haven't heard the last of the Tobacco Rights movement, which insists it’s protecting another Endangered Species — Joe Camel. As one prominent jurist observed, “Johnson and his colleagues make a comprehensive, well thought-out case. It’s not only smooth, but full-bodied and satisfying.” @ PAGE ¢ HOLE, Cakes, Pastries and Cookies * Roasted Coffees, Espresso, Cappuccino, and Latté » Gift Baskets, Party Platters and Catering Open Daily 7:30 am - 8:30 pm 1492 Park Avenue 649-0090 15 |
