Hey Folks,
The Jordan Cove Energy Project L.P. asked the county's Planning Department for a text amendment request, which concerned Eminent Domain. I support the LNG, but stealing private property for private business is morally reprehensible. None of the resolutions passed by different organizations in support of LNG did not have a word about eminent domain, so the company did not promote the idea.
Of course, the power of seizing property is in the hands of government and that it is why we need local representatives who are working for the people, not special interests, like incumbent county commissioners, John Sweet & Melissa Cribbins. Read the questions and comments at the bottom of the post. Remember to VOTE. Gurney & Rowe in 2014......Rob T.
The Jordan Cove Energy Project L.P. asked the county's Planning Department for a text amendment request, which concerned Eminent Domain. I support the LNG, but stealing private property for private business is morally reprehensible. None of the resolutions passed by different organizations in support of LNG did not have a word about eminent domain, so the company did not promote the idea.
Of course, the power of seizing property is in the hands of government and that it is why we need local representatives who are working for the people, not special interests, like incumbent county commissioners, John Sweet & Melissa Cribbins. Read the questions and comments at the bottom of the post. Remember to VOTE. Gurney & Rowe in 2014......Rob T.
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BOC---Public Meetings Coos County Planning Changing Land Use Laws
----- Forwarded Message -----
From: Cameron La Follette <cameron@oregoncoastalliance.org>
Sent: Thursday, May 15, 2014 10:40 AM
Subject: Eminent Domain & Land Use Applications
Hi everyone,
I asked the Dept. of Land Conservation and Development whether it is permissible for Coos County to change its ordinance allowing land use applications to be filed without the landowner's signature as part of an eminent domain proceeding. See the DLCD response below: the Coos County proposal is not allowed under existing state law. A landowner's signature is required before an applicant can file a land use application as part of eminent domain.
I have attached the Coos County Notice withdrawing the proposed ordinance change, so everyone has it. Note it says that Jordan Cove will submit an amended application in the future. I have notified DLCD of this, so they are aware this problem may continue. Please let me know if you hear that Coos County, working with Jordan Cove, does submit an amended application seeking to increase eminent domain powers.
This email from DLCD is public, and you may share it with others who also have concerns.
Thanks,
Cameron--
Cameron La Follette
Land Use Director
Oregon Coast Alliance
P.O. Box 857
Astoria, OR 97103
(503) 391-0210cameron@oregoncoastalliance.org
www.oregoncoastalliance.org
From: Cameron La Follette <cameron@oregoncoastalliance.org>
Sent: Thursday, May 15, 2014 10:40 AM
Subject: Eminent Domain & Land Use Applications
Hi everyone,
I asked the Dept. of Land Conservation and Development whether it is permissible for Coos County to change its ordinance allowing land use applications to be filed without the landowner's signature as part of an eminent domain proceeding. See the DLCD response below: the Coos County proposal is not allowed under existing state law. A landowner's signature is required before an applicant can file a land use application as part of eminent domain.
I have attached the Coos County Notice withdrawing the proposed ordinance change, so everyone has it. Note it says that Jordan Cove will submit an amended application in the future. I have notified DLCD of this, so they are aware this problem may continue. Please let me know if you hear that Coos County, working with Jordan Cove, does submit an amended application seeking to increase eminent domain powers.
This email from DLCD is public, and you may share it with others who also have concerns.
Thanks,
Cameron--
Cameron La Follette
Land Use Director
Oregon Coast Alliance
P.O. Box 857
Astoria, OR 97103
(503) 391-0210cameron@oregoncoastalliance.org
www.oregoncoastalliance.org
From: "Daniels, Katherine" <katherine.daniels@state.or.us>
Subject: question re local land use applications
Date: May 15, 2014 10:10:26 AM PDT
To: "Cameron La Follette (cameron@oregoncoastalliance.org)"
Hi Cameron,
You asked whether a county may adopt an ordinance to permit someone other than a landowner to apply for a land use action on the landowner’s property where eminent domain is an issue. The following statutory provisions apply to land use applications in counties: ORS 215.416(1) “When required or authorized by the ordinances, rules and regulations of a county, an owner of land may apply in writing to such persons as the governing body designates, for a permit, in the manner prescribed by the governing body.” We read this provision to require the written signature of a landowner on all land use applications to counties, even if otherwise represented by a consultant or other person. Our understanding is that where a proposal for eminent domain is contested by the owner, only the courts can grant actual eminent domain and facilitate transfer of the property ownership for the fixed price in the judicial proceeding to the applicant. Until the applicant actually takes title to the property, the applicant is not the "owner" and therefore cannot submit a land use application without the existing owner's permission. I hope this provides helpful clarification on the matter.
Katherine
Katherine Daniels, AICP | Farm and Forest Lands Specialist
Community Services Division
Oregon Dept. of Land Conservation and Development
635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540
Direct: (503) 934-0069 | Main: (503) 373-0050 | Fax: (503) 378-5518
katherine.daniels@state.or.us | www.oregon.gov/LCD
Subject: question re local land use applications
Date: May 15, 2014 10:10:26 AM PDT
To: "Cameron La Follette (cameron@oregoncoastalliance.org)"
Hi Cameron,
You asked whether a county may adopt an ordinance to permit someone other than a landowner to apply for a land use action on the landowner’s property where eminent domain is an issue. The following statutory provisions apply to land use applications in counties: ORS 215.416(1) “When required or authorized by the ordinances, rules and regulations of a county, an owner of land may apply in writing to such persons as the governing body designates, for a permit, in the manner prescribed by the governing body.” We read this provision to require the written signature of a landowner on all land use applications to counties, even if otherwise represented by a consultant or other person. Our understanding is that where a proposal for eminent domain is contested by the owner, only the courts can grant actual eminent domain and facilitate transfer of the property ownership for the fixed price in the judicial proceeding to the applicant. Until the applicant actually takes title to the property, the applicant is not the "owner" and therefore cannot submit a land use application without the existing owner's permission. I hope this provides helpful clarification on the matter.
Katherine
Katherine Daniels, AICP | Farm and Forest Lands Specialist
Community Services Division
Oregon Dept. of Land Conservation and Development
635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540
Direct: (503) 934-0069 | Main: (503) 373-0050 | Fax: (503) 378-5518
katherine.daniels@state.or.us | www.oregon.gov/LCD
Subject: Re: M.Cribbins L.C.D.C.
I'm sorry, I hit the send button too quickly on that one. Let's examine my appointment:
1. I have been a consistent supporter of private property rights.
2. My roots are in rural Oregon, and I have always worked to bring a rural perspective to land use issues.
3. I am an attorney, and I understand land use law - and some of its shortcomings.
Now, given all that, how is that an attack on your land use rights? How is this anything but positive for Coos County, Mike?
Melissa Cribbins
I'm sorry, I hit the send button too quickly on that one. Let's examine my appointment:
1. I have been a consistent supporter of private property rights.
2. My roots are in rural Oregon, and I have always worked to bring a rural perspective to land use issues.
3. I am an attorney, and I understand land use law - and some of its shortcomings.
Now, given all that, how is that an attack on your land use rights? How is this anything but positive for Coos County, Mike?
Melissa Cribbins
Related Posts:
Local History of The Coos Bay Area by John Whitty
MGX---Mary Geddry offers Critique of The Oregonian Article on CEP
The Oregonian Calls the Community Enhancement Plan a "Shell Game" = Vindication
The Family of Caddy McKeown will Profit from the Jordan Cove Project
Letter to Editor---Use CEP Monies for Coos Bay Sewage Plant
City of Coos Bay---Public Meeting for Opinion of the Community Enhancement Plan
County Officials at the Bay Area Enterprise Zone Committee Meeting May 12, 2014
Lessons from the Detroit Bankruptcy Example for Community Enhancement Plan
Open Letter to the Coos County Board of Commissioners about the SCCF
County Elections Questions from a Constituent for County Commissioner Cribbins
BOC---Cowardly, Commissioners Cribbins & Sweet Betray the Voters of Coos County
Unanswered Questions about the South Coast Community Foundation
MGX---CEP/SCCF will Impact ALL of Oregon
AFP---Information on the CEP/SCCF Presentation at the Red Lion on May 1, 2014
Letter to Editor---SCCF Should pay for Coos Bay Sewer Upgrades
Letter to Editor---Promises in the Dark with the Jordan Cove Project
BOC---Public Meetings Coos County Planning Changing Land Use Laws
Letter to Editor---County Politicians Keeping Public in the Dark on SCCF
RPCC---Republican Monthly Meeting "Candidate Forum" April 24, 2014
Critique of the BOC Town Hall in Bandon---"PUT IT ON THE BALLOT"
BOC---Public Meetings on South Coast Community Foundation "Put it on the Ballot"
BOC---Public Meeting for Vote on South Coast Community Foundation April 1, 2014
Letter to Editor---South Coast Community Foundation Scam will Top All Past
MGX---Geddry Slams Koch over Forced Cooperation & Jordon Cove Funding
League of Oregon Cities Class of Slanted View on History of Urban Renewal in OR
City of Bandon---Expanding Government Cheese
Urban Renewal---King Hales of Portland Master of Government Development
FBI Press Release on Charges Against Local Bandon Developer Michael Drobot
Urban Renewal---Read How Schools suffer to Support Wealthy Foreign Companies
City of Bandon---Local Developer Michael Drobot Admits to Bribery & Conspiracy
Preserving the American Dream: Lessons in Beating Boondoggles
Agenda 21---Sustainable Development & Regionalism
City of Bandon---Votes on the renewal of City Manager's Contract
Local History of The Coos Bay Area by John Whitty
MGX---Mary Geddry offers Critique of The Oregonian Article on CEP
The Oregonian Calls the Community Enhancement Plan a "Shell Game" = Vindication
The Family of Caddy McKeown will Profit from the Jordan Cove Project
Letter to Editor---Use CEP Monies for Coos Bay Sewage Plant
City of Coos Bay---Public Meeting for Opinion of the Community Enhancement Plan
County Officials at the Bay Area Enterprise Zone Committee Meeting May 12, 2014
Lessons from the Detroit Bankruptcy Example for Community Enhancement Plan
Open Letter to the Coos County Board of Commissioners about the SCCF
County Elections Questions from a Constituent for County Commissioner Cribbins
BOC---Cowardly, Commissioners Cribbins & Sweet Betray the Voters of Coos County
Unanswered Questions about the South Coast Community Foundation
MGX---CEP/SCCF will Impact ALL of Oregon
AFP---Information on the CEP/SCCF Presentation at the Red Lion on May 1, 2014
Letter to Editor---SCCF Should pay for Coos Bay Sewer Upgrades
Letter to Editor---Promises in the Dark with the Jordan Cove Project
BOC---Public Meetings Coos County Planning Changing Land Use Laws
Letter to Editor---County Politicians Keeping Public in the Dark on SCCF
RPCC---Republican Monthly Meeting "Candidate Forum" April 24, 2014
Critique of the BOC Town Hall in Bandon---"PUT IT ON THE BALLOT"
BOC---Public Meetings on South Coast Community Foundation "Put it on the Ballot"
BOC---Public Meeting for Vote on South Coast Community Foundation April 1, 2014
Letter to Editor---South Coast Community Foundation Scam will Top All Past
MGX---Geddry Slams Koch over Forced Cooperation & Jordon Cove Funding
League of Oregon Cities Class of Slanted View on History of Urban Renewal in OR
City of Bandon---Expanding Government Cheese
Urban Renewal---King Hales of Portland Master of Government Development
FBI Press Release on Charges Against Local Bandon Developer Michael Drobot
Urban Renewal---Read How Schools suffer to Support Wealthy Foreign Companies
City of Bandon---Local Developer Michael Drobot Admits to Bribery & Conspiracy
Preserving the American Dream: Lessons in Beating Boondoggles
Agenda 21---Sustainable Development & Regionalism
City of Bandon---Votes on the renewal of City Manager's Contract
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