New Proposal Threatens Eminent Domain Authority
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NATIONAL ASSOCIATION OF COUNTIES n WASHINGTON, D.C. VOL. 44, NO. 2 n January 30, 2012 ‘Super Wi-Fi’ Four Florida comes to counties plan New Hanover for climate County, N.C. change impacts By Charles Taylor By Charles Taylor SENIOR STAFF WRITER SENIOR STAFF WRITER New Hanover County, N.C. Monroe County again finds itself on the leading — more water than edge of technology as the first local CONTENT land — is the “canary government in the U.S. to launch a in the coal mine” “super Wi-Fi” network. for the effects of climate change The way was paved three years in southern Florida, according ago, when the county led the nation to County Administrator Roman in the switch from analog to digital Gastesi. TV, making available unlicensed Over the past century, the sea “white space” — unused frequencies level has risen 9 inches at Key West, the county seat. And of Monroe See WI-FI page 6 County’s 3,700 square miles, about 2,700 square miles are water. QuickTakes “We are totally vulnerable,” Photo courtesy of Bill and Bob Gibson Gastesi said. “We can’t just move States with the Best (l-r) Bill and Bob Gibson are “mirror-image” identical twins — one’s right-handed, the other a leftie. Both inland; there’s very little inland to Public Schools took their seats this month as new members of the Board of Supervisors in their respective southwest move into.” Virginia counties. To learn more about their similarities, see story on page 4. (Based on six areas of educational So a recently released draft policy and performance) Regional Climate Change Action Plan is important to Monroe, and 1 – Maryland to its partners in the Southeast 2 – Massachusetts Florida Regional Climate Change 3 – New York New proposal threatens Compact: Miami-Dade, Broward 4 – Virginia and Palm Beach counties. 5 – Arkansas eminent domain authority See CLIMATE page 3 Source: Education Week, January 2012 By Julie ufner or replace any property destroyed development, as long as the land in ASSOCIATE LEGISLATIVE DIRECTOR as a result of the violation. question is for public use, including Additionally, private property development by private interests. INSIDE » CountyNews A bill to limit the owners would have the right to In the case of Kelo, the city took use of eminent do- sue state and local governments private property through eminent Features CONTENT main by local govern- up to seven years after the property domain and turned it over to ments in economic takings if the property is eventually private developers for commercial development efforts passed the used for economic development development. House Judiciary Committee Jan. purposes. While H.R. 1433 may easily 24 by a vote of 23–5. That means that even if the origi- pass in the House of Representa- Under the proposed Private nal reason for taking the property tives, its trajectory in the Senate is Property Rights Protection Act of was not economic development, uncertain. 2011, H.R. 1433, property claimed state or local government could still NACo has no policy on the Sesame Street’s Elmo helps teen- through eminent domain authority face the prospect of losing federal specifics of this bill, however the inmate parents forge closer ties could not be used for economic funding if an owner believes that association opposes any federal to their children » Page 7 development purposes for a period within the seven-year window their attempts to preempt state and lo- Public safety communication of seven years after the taking if the property was used for economic cal planning policies, processes spectrum on the block » Page 2 governmental entity had received development purposes. and decisions, including land use Pennsylvania’s counties any federal economic funding. This bill responds to the 2005 authorities. confront reassessment State or local governments that Supreme Court decision in Kelo v. dilemmas » Page 2 violate the act’s provisions would City of New London, Conn. By a vote * Read a CBO analysis of the impact Paramedics are easing health forfeit federal economic develop- of 5–4, the court ruled that states and of a similar bill in the online version care burden in rural Colorado ment funds for two years unless local governments could use eminent of County News, at www.naco.org/ county » Page 5 they return all “taken” property domain authority for economic countynews. 2 January 30, 2012 CountyNews • Counties react to cuts in CDBG, HOME programs By Daria Daniel billion from $3.3 billion — and Md., said regarding CDBG funding. to shelters to housing counseling tential was that there was going to ASSOCIATE LEGISLATIVE DIRECTOR HOME was cut by 38 percent, going In his county, CDBG funding agencies to municipalities....” be little to no funding, we’re very to $1 billion from $1.6 billion in the was cut 12 percent (to $4.9 million The allocations announced by grateful for the restoration of the The U.S. Depart- FY12 HUD budget. Due to those from about $5.5 million), while HUD reflect the level of funding funds that has been done,” she ment of Housing and cuts and new Census data, many HOME lost about 34 percent (to approved for CPD programs in said, “and we’re very grateful to CONTENT Urban Development entitlement grantees will receive a $2 million from $3 million). counties nationwide. The amounts advocates in Congress both on the released the FY12 significant decrease in the formula “With respect to the HOME also reflect approved grant reductions House and the Senate sides.” allocations for the Community De- funding levels. program, that has been a huge cut,” and include any reallocated funds for velopment Block Grant (CDBG), “There are a number of agencies he said. “What it means is that we the CDBG and HOME programs. *HUD lists counties’ FY12 alloca- HOME Investment Partnerships out in the community that have ap- will then have less of an opportunity Debra Olson, who retired from tions on the Web. To view them, (HOME) and other Office of Com- plied to us, and we’re simply just not to put money into the development the DuPage County, Ill. Board of see the online version of this story munity Planning and Development going to be able to provide resources of affordable housing.” Commissioners last year to head a at www.naco.org/countynews. (CPD) formula programs on Jan. 17. to them,” Eric Brown, director of Brown said a range of agencies housing nonprofit, laments the lost The CDBG program was re- housing and community develop- benefit from the HUD programs: funding but sees a glass half-full. (Additional reporting by Charles Taylor, duced by 11 percent — to $2.94 ment for Prince George’s County, “We fund everything from pantries “[U]nderstanding that the po- senior staff writer) Conference committee deliberating D-Block allocation Rep. Dave Camp (R-Mich.), and the return of the 700 megahertz communications for public safety. Jeff Arnold, NACo deputy legisla- hold the majority of seats of any House Ways and Means Commit- narrowband spectrum: items of Its location next to the D-Block tive director. governing body and play a strong tee chair, has announced that the significant importance to the public along with spectrum currently NACo supports changes to the role in policy-setting and oversight conferees on the Middle Class Tax safety community. allocated to public safety helps governing bodies of a national functions,” Arnold said. Relief and Job Creation Act of NACo supports the reallocation ensure the efficient use of spectrum, public safety broadband network If your representative or senator 2011 will meet Feb. 1 to continue of the D-Block to public safety. reduces costs and provides interop- to require significant state and local serves as a conferee, please contact deliberations on H.R 3630, legisla- NACo also opposes any reallocation erable communications capabilities government involvement. NACo them immediately and express tion that extends payroll tax cuts, of 700 MHz narrowband spectrum that cannot be replicated in other strongly believes that the national your opinion on the above issues. among other items. in the final version of the legislation. spectrum bands. governing body must include more Other counties are also urged to Also in the bill are provisions The 700 MHz narrowband spec- To reallocate the 700 MHz nar- local representation and inclusion contact the conferees. Just call dealing with the reallocation of the trum is currently in use as a critical rowband spectrum would waste in the governing process than is 202.224.3121 and ask for your D-Block spectrum, the governing part of many state and local efforts billions of taxpayers’ dollars and currently proposed in the legislation. senator or representative. structure of the oversight function to provide mission-critical voice put the public’s safety at risk, said “State, local and public safety must List of Conferees for H.R. 3630 Pa. counties struggle President | Lenny Eliason House Publisher | Larry Naake Public Affairs Director | Tom Goodman Executive Editor | Beverly Anne Schlotterbeck with assessment woes Republican Senior Staff Writer | Charles Taylor Dave Camp (R-MI), House Ways and Means Chairman Staff Writer | Charlie Ban Graphic Artist | Jack Hernandez By Charlie Ban Kevin Brady (R-TX), House Ways and Means form. The judge who ordered the Editorial Assistant | Christopher Johnson STAFF WRITER reassessment eventually delayed Renee Ellmers (R-NC), House Small Business Subcommittee the use of the new data in tax on Healthcare & Technology chairman ADVERTISING STAFF The shock and billing for one year. Nan Hayworth (R-NY), House Financial Services Job Market/Classifieds representative Christopher Johnson confusion that swept The struggle illustrated why Tom Price (R-GA), House Ways and Means and House Budget National Accounts representative CONTENT over Allegheny assessments are a dicey issue in Tom Reed (R-NY), House Ways and Means Beverly Schlotterbeck County, Pa.