Property rights and planning

For the last few months, I have been working with the Land Use Planning Subcommittee of the Flathead County Long Range Planning Task Force, and one of the things we talked about was how heated people get when they talk about property rights.

One of our preliminary findings was that: "The public discourse on property rights is seldom based on a shared definition of those rights or on any factual information from present law or national/state history."

Most of the discussions on property rights become very personal and emotional. The county attorney spoke to us and we learned that:

? Property rights have a long history and have changed over time.

? While government has the power to regulate the use of private property, regulation that prohibits all reasonable use can be considered a taking.

? A variance procedure allows for flexibility when land-use regulation should not be applied due to hardship or a specific characteristic of the property.

? Montana does not have a statutory taking-law that lowers the taking threshold from the U.S. Constitution.

We learned that some of the common misperceptions about property rights are:

? Preservation of property value is a property right. (Not true.)

? In Montana, any government regulation is a taking. (Not true.)

? Property rights do not change over time. (Not true.)

? Personal property rights take precedence over the rights of the community as a whole. (Not true.)

All of this seems very important as Whitefish moves forward with its Critical Areas Ordinance and Growth Policy. It isn't always easy to balance the needs of the community with the individual rights, but it is something that is necessary.

As someone whose family has been here for four generations, I completely understand the idea of rugged individualism and the belief that "no one is going to tell me what I can or cannot do with my property."

I accepted that as a truth when I was younger, but now, as this county's population pushes toward 100,000 people, I feel that kind of thinking will only hurt us in the long run.

When I was a kid, there were probably only about 20,000 people in the county, and when a person did what he wanted with his property (especially if he lived out in the county), he was less likely to impact his neighbors, and the land was better able to handle and recover from pollution.

Now, however, we are more likely to feel the impact of our neighbor's actions, whether it is sucking dust from gravel trucks or swimming in a lake that is polluted from lawn chemicals.

As an elected official, I must weigh whether it is more important that Joe Schmoe be able to build right up to the water-line and have a nice green lawn, or that I protect water quality in Whitefish Lake so that my great grandchildren don't get a brain-sucking virus like those little kids in Arizona.

I must decide whether it is more important for Jane Doe to be able to sell her property for $7 million and have erosion and pollution be the unintended consequence, or for $4 million and the lake remains the same or becomes more pristine.

When I was running for city council four years ago, I ran across a quote by the Iroquois that said a leader should make no decisions without considering the impacts for the next seven generations. Even though I know there are people mad at me for supporting the Critical Areas Ordinance and Growth Policy, I feel those two documents, though not perfect, go a long way toward protecting the natural resources for our children for generations to come.

I have four more meetings left, and there is a part of me that just wants to be done with all the greed and fear being generated in our community now. But I know by continuing to stand for what I believe is important, I will have done my job.

Even though my grandfather faced different issues when he was on the Whitefish City Council in the 1940s, I know he would be proud of me because he lived for 30 years on the Whitefish River and loved the river and all of the animals dependent on the river.

I would like to see these things settled before I leave, but if they aren't, I understand that it is due to the glacial speed of democracy. I ask that when you go to the polls, please don't vote out of fear.

Remember, money comes and goes, but a toxic lake and river take generations to cure.

Velvet Phillips-Sullivan is a member of the Whitefish City Council.