Property rights addressed in growth policy draft

The Flathead County Planning Board has drafted a new chapter to the growth policy that specifically addresses "property rights."

In one breath, the draft language acknowledges that landowners have property rights and they "represent the very basis of our society, the foundation on which our country is built."

In the other, it acknowledges that "there is no universally accepted definition of property rights, although understanding differing perspectives and historical background may help to provide a clearer picture of how property rights are viewed."

In other words, property rights are not carte blanche, the chapter maintains.

"There is no recognition of property - or individual property rights - without community; in this regard, property rights are rarely absolute and depend on established societal and cultural parameters," the chapter states.

At the same time, the draft language attempts to give landowners a clearer expectation on the process if they want to develop their land. According to the language, landowners can reasonably expect:

• The right to make a land-use application to the county and have that application reviewed according to the statutory requirements, in timely manner and in accordance with due process, and that all rules and regulations established by the governing body shall be followed in accordance with state law.

• That all boards and committees meetings will abide by open meeting and record-retention laws, and that open and accountable service will be provided by the Flathead County Planning and Zoning Office and all other county departments.

• That all landowners will receive fair and equal treatment during their interaction with the county and during the review and processing of all land-use applications.

The section on open meetings appears to address past planning problems in the county. In Lakeside, for example, as some community members worked on a neighborhood plan, other landowners claimed they were left in the dark.

The entire property rights draft is available for review online at http://flathead.mt.gov/planning_zoning/GrowthPolicyUpdate-CurrentWorkingDrafts.php.