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BARBWIRE

Crunch time for bears, birds and bunnies
by
ANDREW BARBANO

Special Internet Extra Edition 4-12-2005
Updated 4-17-2005

Call, fax and/or e-mail the Nevada State Senate Judiciary Committee NOW
to oppose Sen. Care's SB 326
(contact info below)
Las Vegas Chamber of Commerce and conservative Nevada Policy Research Institute endorse an alternative measure proposed by an Assembly Democrat


Last Sunday, the Reno Gazette-Journal editorialized on Senate Bill 326, an admitted attempt by Sen. Terry Care, D-Las Vegas, to stop public acquisition of the Ballardini Ranch in southwest Reno.

The editorial stated "As the Senate Judiciary Committee, developers and local officials discuss a proposal to limit eminent domain powers, they should take care to avoid the slippery slope that could lead to constraining local government’s ability to make necessary land-use and public works decisions. The resulting package must be fair, balancing the public interest against private rights…

"Senate Bill 326, for instance, would prevent governments from acquiring property for open space or wildlife habitat preservation and would be retroactive to include all pending cases. Some claim this is an effort to short-circuit litigation over open space and cripple government’s eminent domain powers in all cases, and, specifically, the present dispute over the Ballardini Ranch," the editorial continued.

The Gazette-Journal editorial board did not address another proposal, Assembly Bill 143, currently in the Assembly Judiciary Committee. AB 143, which enjoys a bi-partisan majority of both houses as sponsors, presents a targeted solution to ongoing eminent domain controversies emanating from Las Vegas. [UPDATE: AB 143 was voted out of committee on April 13 with a "do pass as amended" recommendation.]

Senate Bill 326 contains a tip of the hat to the Las Vegas concerns which are definitively addressed in AB 143. The solution for Sen. Care's constituents lies in the assembly bill, upon which he himself has signed as a major sponsor.

SB 326 also poses a significant danger to public safety. Sen. Care's proposal would bar state and local governments from acquiring land for flood control and historic preservation as defined in Nevada Revised Statutes 376A.010.

There is no area of Nevada immune to flood danger. Barring governments from condemning land for flood control is bad public policy and a danger to lives and property.

In 2000, Washoe County voters approved a bond issue to begin acquisition of the Ballardini Ranch.

Eminent domain is written into the Fifth Amendment of the U.S. Constitution and represents a rarely-used solution to public-private disputes. By removing what local governments view as a necessary albeit rarely used tool, future public projects from parks to flood control will be jeopardized.

Perhaps the controlling court decision in that area of law was handed down by the Nevada Supreme Court in 1951. The justices upheld Washoe County's acquisition of property on Slide Mountain, without which the Slide Mountain (later merged with Mt. Rose) ski complex would never have been built.

The Ballardini Ranch can be devoted to a rich range of uses in addition to critical wildlife habitat (given its border with the Toiyabe National Forest). It can accommodate hiking, picnicking, skiing, camping, education, public and private events. Reno's Bartley Ranch and Rancho San Rafael parks provide smaller examples of the potential.

The Senate Judiciary Committee should not move SB 326 forward. The Assembly Judiciary Committee should pass AB 143 to the assembly floor this week.

Please let your lawmakers know where you stand.

Be well. Raise hell.

 

Smoking Guns

CONTACT THE NEVADA STATE SENATE COMMITTEE ON JUDICIARY TO VOTE DOWN SEN. CARE'S SB 326

REPUBLICANS
Mark Amodei, Chair, Carson City
mamodei@sen.state.nv.us
(775) 684-1470

Maurice Washington, R-Sparks, Vice-Chair
mwashington@sen.state.nv.us
(775) 684-1480

Mike McGinness, R-Fallon
mmcginness@sen.state.nv.us
(775) 684-1442

Dennis Nolan, R-Las Vegas
dnolan@sen.state.nv.us
(775) 684-1421

DEMOCRATS
Terry Care, D-Las Vegas
tcare@sen.state.nv.us
(775) 684-6503

Steven Horsford, D-North Las Vegas
shorsford@sen.state.nv.us
(775) 684-1429

Valerie Wiener, D-Las Vegas
vwiener@sen.state.nv.us
(775) 684-1422

To e-mail the entire committee at once, highlight, copy and paste the following addresses into your e-mail send box. Remember to retain the commas.

mamodei@sen.state.nv.us,
mwashington@sen.state.nv.us,
mmcginness@sen.state.nv.us.
dnolan@sen.state.nv.us,
tcare@sen.state.nv.us,
shorsford@sen.state.nv.us,
vwiener@sen.state.nv.us,

Assembly Judiciary Committee:
Bernie Anderson, D-Sparks, Chair
(775) 684-6563
banderson@asm.state.nv.us

Democrats:
Barbara Buckley 684-8537
bbuckley@asm.state.nv.us
Marcus Conklin 684-8505
mconklin@asm.state.nv.us
Susan Gerhardt 684-8855
sgerhardt@asm.state.nv.us
 Assemblyman William Horne (D-Las Vegas),
principal sponsor of AB 143, 684-8847
Mark Manendo 684-8801
mmanendo@asm.state.nv.us
Harry Mortenson 684-8803
hmortenson@asm.state.nv.us
John Oceguera 684-8595
joceguera@asm.state.nv.us
Genie Ohrenschall 684-8819
gohrenschall@asm.state.nv.us

Republicans:
Francis Allen 684-8829
fallen@asm.state.nv.us
Sharron Angle 684-8848
sangle@asm.state.nv.us
John Carpenter 684-8831
jcarpenter@asm.state.nv.us
Brooks Holcomb 684-8559
bholcomb@asm.state.nv.us
Garn Mabey 684-8827
gmabey@asm.state.nv.us

To e-mail the entire committee at once, highlight, copy and paste the following addresses into your e-mail send box. Remember to retain the commas.

banderson@asm.state.nv.us,
bbuckley@asm.state.nv.us,
mconklin@asm.state.nv.us,
sgerhardt@asm.state.nv.us,
whorne@asm.state.nv.us,
mmanendo@asm.state.nv.us,
hmortenson@asm.state.nv.us,
joceguera@asm.state.nv.us,
gohrenschall@asm.state.nv.us,
fallen@asm.state.nv.us,
sangle@asm.state.nv.us,
jcarpenter@asm.state.nv.us,
bholcomb@asm.state.nv.us,
gmabey@asm.state.nv.us,

 

Additional legislative contact information

By Phone:
Northern Nevada 1-775-684-6800
Southern Nevada 1-702-486-2626
Statewide Toll-Free 1-800-992-0973 or 1-800-995-9080
By Fax:
Nevada Senate 1-775-684-6500
Nevada Assembly 1-775-684-8533
By U.S. Mail:
Nevada Legislature
401 S. Carson Street
Carson City, NV 89701-4747

 


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Copyright © 2005 Andrew Barbano

Andrew Barbano is a 36-year Nevadan and webmaster of ProtectOurWashoe.org. The opinions expressed hereinabove are strictly his own. Responses to the issues raised are welcome and may be posted. Any respondents who wish comments kept confidential need only ask.

 

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