European Stars And Stripes (Newspaper) - July 6, 1987, Darmstadt, Hesse Page 10 the stars and stripes monday. July 6. 1987 columns & comments James Kilpatrick ruling May boost respect for private property property owners think it s a weal opinion. Conserva Lionisio and antiquarians hint it s terrible. Justice John Paul Stevens find it chief Justice William Rehnquist finds it just. Depending upon one s Point of View the supreme court s opinion in the Case of the Luther ten Campground is All of the above. My own thought for whatever it May be won. Is that there probably is less Here ban at first met the Eye. If the decision results in the destruction of historic buildings or in the serious loss of wetlands we will live to regret it. But if the decision compels local Ion ing boards to act with greater respect for private prop erty we will have reason to applaud. In four or five years we will have a Betler picture of the consequences. From any Point of View it was surely an important decision. These Are the facts in july 1977, a Forest fire destroyed nearly 3,900 acres above Mill Creek in los Angeles county Calif. The fire denuded hillsides and led to a serious flood in february 1978 that destroyed the Lush Arglen Campground of the first English evangelical Church of Glen Dale. In january 1979 the county adopted an ordinance that temporarily prohibited any person from constructing reconstructing or building any Structure within an interim flood Protection area in Mill Creek Canyon. In 1981, by general Law the county made the ordinance permanent. The effect has been to deny the Church any use whatever of its property for the past eight years. The fifth amendment of inc Constitution says that private property shall not be taken for Public use without just compensation. Was this a Tak ing by a Vole of b-3, the supreme court he. This time a majority Felt the constitutional Issue was squarely presented but Rehnquist s opinion for the majority did not answer the question squarely. The opinion answered the ques Tion obliquely leaving a great Deal to the circumstances of future cases and to the judgment of future courts. You will find no Bright lines in this opinion. As a matter of constitutional Law How temporary is temporary what is an interim plainly sad the chief Justice compensation need not be paid in the Case of Normal delays in obtaining building per mits changes in zoning ordinances variances and Trie James Reston rat St comkh5otion we just a in Taffy taxes and compensate , then Are the ground rules Rich Nuisl quoted approvingly from a 1922 opinion by Justice Holmes the general Rule is that while property May be Rogu Laid to a certain extent if regulation goes too far i will be Recagni cd As a what is a certain Estum How far is Loo far what effect will the usher Glen opinion have on the zoning of historic districts does the government go Loo far in preserving wetlands it Wil be up to inc judges to in comes Down to it seems to me is a Rule of reason and it is nothing new As a thousand found amendment cases have made Clear for the courts to pass on what is reasonable or unreasonable. In inc Case Al hand a temporary interim period of eight years seems a bit much. In times past As property owners across inc nation have complained regulatory bodies often have acted in a High handed Way to deny owners the Best economic use of their property. Local land use Agen cies have nol taken property by condemnation they have taken in by regulation. They have thus compelled private owners to assume inc entire Cost of Public benefits. In the Luthc Glen Case the Public Benefit was flood control a legitimate goal but a goal the whole Community should pay Luther Glen Case May be quoted More for an eternal Verity Ihan for the opinion s Uncertain application. Rehnquist acknowledged that the opinion will Lessen to some extent inc Freedom and Fleri Billy Olland use planners but he added such consequences necessarily flow from any decision upholding a constitutional right. Many of inc provisions of the Constitution arc designed to limit the Floii ability and Freedom of governmental authorities and the just compensation clause of the fifth amendment is one of there you have a truth for All Ages. We ought to be reminded of in More often. Universal Panui Syfel dicta Gore s a Long shot but Don t write him off yet with sen. Albert Gore Jit d-tcnn., formally entered in the presidential race we now have nine announced candidates seven leaders Sis dropouts and 432 commentators who differ on who s Likely to win. Most of the analysts think Gore does t have a Hance counting him out before he s in just As Ini the Early Days of past campaigns they whole off Jimmy car Ler Lyndon Johnson Gerald Ford and Richard Nixon. We had Beller be careful. Everybody knew Hal sen. Robert Dole r-kan., was finished when he blew the vice presidential Campaign of 1976, but Here he is a decade later creeping to inc head of the Republican pack. At 39, Gore is older Ihan James Madison Alexander Hamilton and Mosi of the other founders were when they wrote the constr Lution 200 years ago. After inc last Sii years he thinks his youth is a distinct advantage and he has other things going for him. He is a Little South of Center a Little to the left of sen. Sam Nunn d-ga., a link to the Nghil of sen. Joe Didun d-del., and he s better looking than All of them. Moreover he does t have fire in his belly he does l stand tall in the Laddie and he s nol a Greal communicator considering the record of these so called advantages he has to be Laken seriously. He s the Only southerner in inc Hunt fore Elting Hal he was born in Washington. , and graduated Wilh Honor from Harvard. He gave up journalism for politics which shows he s nol As smart As he looks but he s a Vietnam pc Iran of sorts and he s now Tenn circe Farmer in his spare Tirol. That will do him no harm the Memoir us Haven t won a Percsi denial election without a southerner on the Tickel since 1960, and on nest March 8 super tuesday democrats will go to the primary election polls in As Many As 20 slates a of them in the South including Tennessee. His credentials As inc Southern candidate will lose some of their Appeal if Nunn enters the race hut Nunn s conservative voting record hurts him As much in the North As it favors him in inc South. And eve Nunn s reputation As the most knowledgeable student of military affairs in the Senate is challenged by no Lessan authority than Paul nine president Reagan s Prin Cipal disarmament adviser who thinks Gore knows even More about the nuclear tangles than Nunn. For the last few years. Gore has Pul aside at least an hour every Day to study the nuclear problems no approaching a Reagan Gort acc a Summit meeting. Probably this fall. What he loses by his comparative youth he gains by his Energy. In the past 10 years eight Intlehouse of representatives and two in the Senate he has addressed 1,800 town meetings in his area and earned a Rpu Iarion for integrity and hard work. In his announcement speech he stuck to moderate themes but said his Lisl Promise to the american people would be to fire immediately any government official who steals from americans or lies to Congress. He promised to fight unfair Trade practice overseas. Create an effective agricultural policy help the Home less encourage Strong personal values and Roiner respect for common sense in managing inc business it there s nothing particularly new in All in explaining his reasons for seeking he presidency he sounded a Bil like the class valedictorian but he stressed his youth As an Assel in negotiation with Soviel chief m Mikhail Gorbachev. For the first time in at least a generation he said the Soviel Union is led by a Man who combines Youthful Energy and innovation with the free world urgently needs a Leader who can match him test him bargain with him and make the most of this possibly historic Opportunity for a safer saner worlds id Gore. The question is whether Gore can energize his own rising generation to follow this theme As Woodrow Wilson did in 1916 and Jack Kennedy did in i960. He referred to both men in announcing his candidacy and since a majority of the electorate will be under 45 next year this is Apt to be his Best shot Al the nomination. Vice president George Bush and Dole on inc Republican Side however have the advantage ofe pc Rienche Over him. He is nol Well known oils id con Gress or his District which is True of the other demo cratic candidates but both Dole and Bush Are lied to their jobs in Washington with Little time to match Gore and the other democrats. It s nol quilt accurate to talk of Gore to the fore now. He s the longest of the Long shot but he has character to mulch his Joule and that s not a bad i och nation
