AGENDA #4e

MEMORANDUM

TO:                  Town Council

FROM:            Mayor Rosemary Waldorf

                       

SUBJECT:       A Resolution Opposing U.S. Senate Bill 1028

DATE:             June 12, 2000

BACKGROUND AND DISCUSSION

A bill passed in the U.S. House of Representatives would allow disputes about local land-use decisions to go directly to federal courts.  The U.S. Senate is scheduled to consider the bill, referred to as Senate Bill 1028, during its upcoming deliberations.

The bill would allow land-use cases to go to federal court before a local authority has made a final ruling.  Therefore, the bill increases the role of the federal courts in supervising decisions traditionally left to State and local governments.  We believe that zoning and land use decisions are best handled by local officials.

Senate Bill 1028 preempts local authority by permitting landowners to bypass local councils, planning commissions, and state courts and take their land grievances to federal court.   Local elected officials adopt ordinances, approve building permits, and grant zoning variances not for the purpose of infringing on property rights, but to protect these rights.  I believe that if Senate Bill 1028 passes, there would be more frequent and more expensive litigation against local governments.    

RECOMMENDATION

That the Council adopt the attached resolution, opposing U.S. Senate Bill 1028.

A RESOLUTION OPPOSING UNITED STATES SENATE BILL 1028 (2000-06-12/R-6)

WHEREAS, U.S. Senate Bill 1028 would allow land-use cases to go to federal court before a local authority has made a final ruling; and

WHEREAS, U.S. Senate Bill 1028 gives control of zoning decisions to the federal court and takes the decisions out of the hands of local government; and

WHEREAS, U.S. Senate Bill 1028 would create more frequent and more expensive litigation against local governments because land-use disputes would appear in court at an earlier point in the process; and

WHEREAS, zoning and land-use decisions are best handled by local officials;

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council opposes U.S. Senate Bill 1028.

This the 12th day of June, 2000.