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| EXPLORE, ENJOY AND PROTECT THE PLANET | ||
| October/November 2005 | ||
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Napa Group Report Elisabeth Frater | |
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According to an independent consultant, the "Fair Payment for Public Benefit" initiative set to appear on the June ballot in Napa, could cost the County millions of dollars annually. The findings were prepared pursuant to Elections Code Section 9111, and presented at the September Board of Supervisors' meeting. The "Fair Payment" initiative would require the county to "compensate" a property owner if a new regulation put forth by the Board of Supervisors caused a decline in property value,unless the board waived enforcement of the new law on certain properties. According to the report the potential fiscal effects of the initiative's "damages" to landowners could range from $1.34 million dollars for administrative and legal costs, to $14 to $50 million or more in compensation to landowners. The primary source of revenue would come from County discretionary sources, the fund that provides 93% of the County's basic expenses. The consultants also opined that the initiative, if approved by voters was likely to be declared invalid |
by the courts. Most importantly to Sierra Club members, the impacts to the environment would be cataclysmic because the Board of Supervisors would most likely avoid implementing any new ordinance that might be deemed a land use restriction. Also many environmental mitigation measures identified in the update of our General Plan could not be adopted for fear of triggering compensation claims. The report also stated that the county would be unable to meet some new requirements imposed by the state and federal government including the Clean Water Act. If the Board adopts an extension of Measure J, which requires a vote to change agricultural zoning, property owners, especially those near urban areas, could claim they are losing value since residential development could be more lucrative than farming. The Napa Group will spend the next several months educating and mobilizing our membership to fight the Foul Play Initiative. |