Guest Opinion: Out-of-state land grab off the ballot

By DAVE LEWIS - Billings Gazette, November 2, 2006

Less than two weeks before the November election, the Montana Supreme Court affirmed a lower court's decision to remove Initiative 154 from the ballot. This is a victory for every property owner, since it reduces the risk that your neighbor's activities will reduce the value of your land.

So what is I-154 all about, anyway?

To start, let's talk about what I-154 is not. I-154 backers are wrong to say I-154 is "conservative." I believe in private property rights and this measure endangers private property rights. I served as budget director under former Montana Gov. Marc Racicot and have served in the Legislature as a Republican since 2000.

If I-154 were conservative, I would support it. But it's not. It's radical. It would render Montana's local planning and zoning laws meaningless, throw a wrench in our water laws, and more. Not surprising, considering it's coming from someone from out of state.

Eminent-domain smoke screen
Out-of-state interests are trying to take advantage of Montana's love of freedom and our open government. All the talk of "eminent domain" is more smoke and mirrors. Montana law prohibits abuse of eminent domain. The Montana Supreme Court settled this issue long ago, and the U.S. Supreme Court has affirmed that states like Montana have final say over their own eminent-domain policies.

Bottom line: I-154 isn't about protecting your rights. It's about taking away your ability to protect your property and neighborhood from bad development schemes.

While support for I-154 comes mostly from out of state, Montanans from all walks of life and both political parties have come out in opposition to it. This is one issue upon which Gov. Brian Schweitzer and I agree. Groups who oppose I-154 include the Montana League of Cities and Towns, the Montana Association of Churches, Montana Trout Unlimited, Montana Wildlife Federation, the League of Women Voters, Montana Federation of Teachers, Montana Association of Counties and more.

Bad idea not gone forever
There's an old saying in Montana that good fences make good neighbors. Good land use planning also makes good neighbors. Knowing what kinds of development will be allowed near your home allows you and your neighbors to protect your investment from unscrupulous developers.

Outside interests who are backing I-154 aren't interested in protecting your property values. They're interested in dodging our local laws. They didn't get away with it this time. But they'll surely be back. And we need to be ready for them.

Republican state Sen. Dave Lewis of Helena is the former budget director for three Montana governors, including former Gov. Marc Racicot.