MY TURN: Theft by any other name is still theft

Skipping right past the U.S. and Idaho constitutions, the Kootenai County Commission’s public hearing went as scheduled to vet the Coeur d’Alene Tribe’s demand to rezone private property in the reservation area of 20 acres or more from “Rural” to “Agricultural.”

If the applicant’s wishes are met, the affected landowners will be stripped of their rights to subdivide that land down to 5-acre lots in accordance with the current “Rural” designation. Apparently, it’s just fine for the taxpayer-funded Planning and Zoning Commission to choose sides and partner with the tribe. On the web, the commission cites common purpose with the special interest group to “preserve agricultural land, timber lands, open spaces, natural resources, and the existing rural character.”

Sounds good, doesn’t it?

The devil is always in the details. Whether a property owner in the category has plans to subdivide or not, as is the case with this writer, all property owners affected will incur substantial loss in the value of their land. This would have a damaging impact on several levels, including the ability to finance capital improvements like building a house or at the county level where the tax receipts will plunge because these lands will appraise considerably lower.

If you bought your land under one set of rules in good faith, is it fair for three commissioners and a 2,600-member tribe to collude to shred your net worth, as well as your rights to manage your property as you see fit?

In case you are a mere law-abiding citizen playing by the rules and you naively interpret this as a “taking,” don’t worry, the wise slicksters at the Kootenai County Government will educate you. They will tell you a taking is only a taking if it falls into one of three buckets: when a government action causes physical occupation of property; when a government action causes physical invasion of property; and/or when a government regulation effectively eliminates all economic values of the property.

How clever.

Only the idiots who bought the land under false pretenses will get hurt.

Of course, the CDA Tribe will be just fine. Their multi-family, multi-use development plans near Worley roll on as was reported on at the recent public hearing, or better stated a “public telling.”

Thank goodness our founders were wiser about private property and how sacred a principle it is to a free republic. Here is a refresher on our inalienable right as described in the Fifth Amendment:

“… nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Articles 1 and 14 of the Idaho Constitution are even more specific and greatly narrow the ability to impact a landowner’s holdings. County lawyers can write whatever they like on a web page. It doesn’t make it legal.

Even if this writer didn’t have a lifetime of savings invested in a small part of this beautiful community, this warning of a usurpation of rights would be proffered here still. As a 27-year veteran who took that solemn oath and fought to defend our freedoms, it is a sacred duty to push back on tyranny, even it is levied by the local administrators.

It seems to be in fashion for the elected to forget who they work for regardless of party affiliation. Dear donor-seeking politicos: We are still self-governed.

Let’s not forget one of the core attractions for people who come to settle here.

Values. And no value is more important or defines our character more than liberty.

There were interesting words being thrown about at the hearing. The soft description was “downzoning.” While “taking” was used and more aptly describes this initiative, the honest word to use here is “theft.” Stealing land value and rights is not acceptable if the rule of law still matters here.

If the motives to limit growth are pure, then find another way. How different and more collaborative would it be if landowners were offered incentives to limit development in their holdings?

Let’s start over and find a new path forward. Endless litigation and ruined political careers benefit no one.

• • •

Retired Brig Gen Blaine D. Holt is a co-founder of Restore Liberty, former deputy representative to NATO, lifetime member on the Council on Foreign Relations and senior advisor to Xeriant Aerospace. He resides in Coeur d'Alene.