A Florida Property Rights Report

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From the Front Lines:
A Grassroots Property
Rights Report
The Coalition for Property Rights
 A state-level property rights education and
advocacy organization
 Working to give property owners a stronger
collective voice in public policy debates
impacting their individual rights
 OUR MISSION is to educate the public
and elected officials of the importance of
property rights and to defend these rights
against further erosion
CPR
 Founded in 2001 by Doug Doudney, a highly
respected Orlando property owner, investor,
entrepreneur with a background in real estate
and banking
 CPR was founded to fill a huge vacuum at the
local & state level
 Our membership is broad-based, but we
are primarily supported by property owners &
professionals in property-related industries
CPR
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CPR would not exist, could not function on such a limited
budget, and our staff would not be able to discuss
property rights issues with the degree of knowledge that
we do – without having had access to some of the
articles, research, publications and internet
resources made available by organizations like CATO,
the Heritage Foundation, Reason, Mises, PLF, etc…
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CPR draws inspiration from state and national activist
organizations like Oregonians in Action & Institute
for Justice who recognize the political and media
environment in which public policy is developed.
The Coalition for Property Rights
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At the grassroots level – where the rubber first hits the
road - among the general public, municipal officials and
staff, state legislative levels, state agency levels & even
among many members of congress, there is an amazing
lack of awareness of the economic importance of
protecting property rights
Life, liberty, property…may be something intellectuals
understand, but was a critical mistake in terms of
maintaining public awareness of property rights.
Everyone likes the term “property rights” and likes to
say they support them…but when property rights become
“development” this support disappears and
NIMBYism/self-interests/emotions take hold.
CPR Activities
 Monitor local, state & federal actions and
court cases
 Testify in support of property owners at
local & state public hearings
 Communicate Directly with Elected Officials
 Public outreach to citizens groups
 Publish weekly issues updates
 Host educational Issues Forums
 Coordinate with like-minded groups/trade
associations
 Serve as a resource for property owners
and the media (i.e…FOX News segment)
Property Rights Built Florida
Property rights provided Florida’s pioneers, from
our early cattleman to our citrus growers, from
visionaries like Henry Flagler and Walt Disney, to
today’s entrepreneurs re-developing our major
city skylines – with the opportunity to build their
individual dreams.
Unprecedented Encroachment
by Government
During the past few decades
we have seen an
unprecedented erosion of
Property Rights at the
Federal, State and Local
Levels.
FL Status Report
FEDERAL
• Kelo v. New London – horrific - but opened the door to
state level reform
• Rapanos – US Corp of Engineers active in FL
• FL Stop the Beach Renourishment Case – CPR filed an
amicus brief in support of all water front property
owners
• Williamson County – needs to be revisited – CPR
participated via amicus brief in case which PLF was
petitioning to have heard
• EPA new water /nutrient requirements
• Green propaganda and well-funded NGOs driving
federal regulatory agenda (i.e…CAP&TRADE)
FL Status Report
STATE
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Comparatively, FL has strong eminent domain
protections for standard “whole takes,” state
constitution > fair/just compensation +attorneys
fees
Post-Kelo – Passed both Statutory & Constitutional
Eminent Domain Reforms – considered among the
strongest in the nation
Bert Harris Act (Unique Compensation Mechanism)
Florida’s Growth Management Act – 2nd zoning layer
– now enabling”micro-regulation”
Regional “Water Management” Districts - additional
state regulatory agencies
FL Supreme Court sided w/ govt. in Beaches case
FL Status Report
LOCAL
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Rapidly expanding regulations – almost every conceivable
regulation you can imagine (municipal house color regs, treeabuse regs, irrigation regs, 70% tax, eco-overlays, comp plan
sub-labels creating micro-regulation areas)
Perception of rapid growth – really 2-4% - Strong antigrowth/development (anti-property rights) public sentiment
fostered by liberal news media who hate development, despite
shrinking circulation #s. “Let’s close the door behind us.”
No regulations being repealed, no relief for property owners or
small businesses, despite recession & claims by officials that
economic recovery is desired
AT THE LOCAL LEVEL – City, County, State Agency Attorneys laugh
when you suggest litigation - and for good reason – no downside
to publicly-funded litigation - courts are upholding almost
every “rational basis” no matter how irrational, as long as
accompanied by any 1-2” thick study. No evidenciary basis is
required + often ignore contractory evidence when presented.
PROPERTY RIGHTS ALERT
ANYONE NOT WATCHING THE INCREASE IN LAND USE
REGULATION LOCAL LEVEL AND ACROSS
AMERICA – IS MISSING AN ALARMING TREND.
“HEIGHT LIMITS” ARE BEING PLACED ON AMERICA’S
ECONOMY AND ONCE ADOPTED, WILL BE NEARLY
IMPOSSIBLE TO REPEAL. (i.e…eco-overlays)
“We cannot win many games, when we have
no team on the field.”
Grassroots Successes
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CPR and Coalition of State Associations, with support of
individuals writing, calling & emailing – “encouraged” the Florida
Legislature and Governor Jeb Bush to REVERSE THE KELO
Decision in FL.
CPR advised legislative leaders of the importance of Kelo – prior
to its SCOTUS hearing. Framed the debate day of ruling – “We
don’t need a band-aid, we need meaningful reform.”
CPR commissioned statewide public opinion poll by MASON
DIXON polling & research – which showed overwhelming public
support – across all party lines – for eminent domain reforms.
Asked the question, “would you be more likely or less likely to
vote for state representative/state senator if you knew they had
publicly supported eminent domain reforms.”
Using paid professional staff and smart political tactics to fix a
political problem.
Successes
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Media Coverage – CPR quotes, commentary, oped pieces have
been featured in almost every Florida, daily, business journals,
etc.. in Florida, as well as business journals across the country,
newspaper networks, papers such as the Wall Street Journal,
Washington Times, Los Angeles Times, Boston Globe, etc…
City of Deltona – reversed a 6-0 decision to adopt a “super-tax
assessment” on 200 property owners
Coalition efforts to fight local impact fees – Lake County
Transportation impact fee (700 showed up) – Seminole County
wastewater fee (500-600 citizens)
Most successful local fights involve coalition of associations – and
filling the foyers/chambers with citizens – where TV news
coverage is present.
National Threats to
Property Rights
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A David v. Goliath fight – sometimes no team on the
field.
Increasing Regulation at all levels of government
Lack of public education on founding values/economic
issues
Lack of unity/unified focus among individuals and
organizations who witness or are impacted by very
different property rights issues
Perception that “someone else” will step up and defend
our rights
Understanding the extraordinary threat posed of the
organized opposition – Green NGOs and cultural support
for the Green agenda, being taught in our public schools
and promoted by private companies and govt. agencies
– spending millions/billions of dollars on anti-property
rights messaging
Amendment 4 – FL’s “Hometown Democracy” - if it
passes in FL, what states will follow?
Opportunities
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There is a huge vacuum in the public debate –
opportunity exists for citizens/organizations to increase
communications activities.
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National and state economic downturn has increased focus
on economic issues.
You can now use the term “socialism” and not be labeled a
radical – new appreciation for the over-reach of
government.
There are small localized and state level property rights
groups like CPR working in the trenches
Extraordinary opportunity exists to unite citizens from
coast to coast, state-level groups like CPR, organizations
working on select property rights issues (legal foundations
& think tanks) into a powerful national force for change –
revival /development of true and organized
America’s property rights movement.
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Opportunities
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Other highly successful similar grassroots lobbying
forces – NRA, AARP, NFIB, Audubon, Sierra Club –
have a national organization with state and local chapters.
Increased # of free-market oriented organizations
developing and focusing capital and manpower on property
rights issues and research
Interest by public opinion leaders like Sean Hannity
(eminent domain series) and Fox News’ recent series “It’s
Your Land”
Members of the local media – especially TV news - are
highly receptive to op-ed pieces and tapping “sources” on
property rights issues…to add balance to their pieces.
New social media opportunities are still being developed
every day…but we must realize these are an increasingly
visual media and must develop visual stories.
Changing Public Policy
 If no political pain is present, no numbers
of voters communicating and attending
meetings, participating in the political
process -- policies will not change – as
politicians have no motivation.
 People = policy …. Change policy by
changing the votes of people in office and
by changing out the people serving in
office > both requires grassroots political
support which must be organized/funded.
Thank you !
Coalition for
Property Rights
www.proprights.com
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