By Glen Morgan and Cindy Alia
On October 6, 2016, Futurewise, with the assistance of six Washington State Supreme Court Justices, managed to win the lawsuit lottery. The Supreme Court ruled in Hirst v. W. Washington Growth Management Hearings Board (decision linked here) on a 6-3 vote in favor of Futurewise and against the people. This ruling invented new land use rules approved by no legislature or elected official. This litigious and aggressive environmental NGO funded by wealthy Seattle donors was able to end the historic private well exemption.
5239 is most likely going to be heard in the house before the March 29 deadline to hear bills in the opposite house. Those who understand the devastating loss of property and water rights, loss of the use of their land, and extreme devaluation, often up to 90% of their value, for thousands of families of many counties are working to improve this bill. Those who do not understand this kind of loss are likewise involved. The Hirst decision has also impacted counties and the state in terms of loss of productivity and commerce in their communities along with a drop in tax revenue.
House bill 1692 would allow for marijuana grow operations the status of agricultural activities, this would include the growing and production including products of grow operations the legal protections of any other farm production. The argument for this status is framed as a property right. The problem with that argument is that agricultural status recognizes special needs of the property rights of agricultural activities in terms of methods and means of agriculture and not simply on the basis an agricultural product is something that is grown. Agricultural business is protected from the use of nuisance law if the operation is consistent with good practices and was established prior to surrounding non-agricultural uses unless the activity constitutes a substantial adverse effect on public health and safety. Tradit
We remain resolved and determined to push forward bills to cure the attacks on water rights foisted upon the citizens of Washington State by an out of control environmental cartel. Although the best bills have been stalled in their progress through our legislature, we will continue the fight through this session and into future sessions to restore exempt well rights in response to the supreme court decision commonly known as the Hirst decision...
The State Legislature has proposed several bills to correct the wrongs done by the Hirst Decision of the state supreme court. CAPR is watching the process of the bills in the legislature and we provide an overview of these bills. Review the bills and be sure to call your legislators to let them know your opinions of the bills and how important correcting the Hirst Decision, water and property rights are to you!
The legislative hotline is 800 562 6000.
Our mission is to maintain respect for our constitutionally guaranteed civil liberties on property, and to achieve restoration where already damaged, mainly by over-regulation at all levels of government. To this end, we are working for a system of rules on property that is reasonable, clear, without conflicts among regulations, and actually accomplishes their necessary legitimate public purposes, including reasonable levels of protection of resources and environmental quality, including genuine fish habitat.
CAPR Lobbyist Cindy Alia is working the halls and offices in Olympia this 2017 Session to bring recognition of and respect for property rights to legislators.
As CAPR enters our 14th year, we are reflecting on our many recent successes in our efforts to identify, educate, train, and mobilize property rights advocates, and to restore and defend property rights. Our ongoing efforts and successes in 2016 encourage us to keep working for the rights of all! Please help CAPR in this fight for freedom!
This video is of interviews done at the conclusion of CAPR's first banquet.