Representation: MSHCP

Press release issued March 10, 2001, in response to a County of Riverside MSHCP Staff Report - See notes at end of text

Species protection doesn't have to threaten property rights, says Farm Bureau

Habitat protection doesn't have to put property rights at risk, say farmers and property owners.

Andy Domenigoni, president of Riverside County Farm Bureau, said his organization will call on county government Tuesday to choose a habitat plan that protects the constitutional rights of private property owners in addition to protecting species. The nonprofit association of farmers and ranchers disagrees with a staff report that says property rights protection will be too costly.

At issue is whether property owners can take the County of Riverside to court to determine fair market value of private land to be acquired for habitat.

Farm Bureau advocates an incentive-based multiple species habitat conservation plan that offers attractive benefits or cash to land owners who conserve habitat.

Domenigoni said such a plan would ensure landowners that they will receive value for the 153,202 acres of private property that is needed for the MSHCP reserve through a negotiation process that is the centerpiece of the proposal. If the negotiation with the county fails, the process insures landowners could go to court to enforce compensation for their land.

And, he added, the process would guarantee the county could obtain private property that is essential to the habitat plan like it does for any other public works project. However, it would restrict the County to using its eminent domain powers to acquire private property only after all attempts at negotiation, including mediation, have failed.

Domenigoni disputed a staff assertion that county funding could be quickly depleted by landowners seeking court determination of land value. He said the county can avoid expensive legal battles by bargaining in good faith, offering fair market value and carefully choosing which private lands to acquire.

Domenigoni said Farm Bureau would take its case to the Board of Supervisors at a public hearing on the habitat plan Tuesday afternoon.

Notes: This Farm Bureau press release was issued in response to a Form 11 MSHCP Staff Report published in advance of the March 13, 2001, meeting of the Riverside County Board of Supervisors. The board agenda shows:

1:30 P.M. RIVERSIDE COUNTY INTEGRATED PLAN REPORT:

12.1 TRANSPORTATION AND LAND MANAGEMENT AGENCY: Policy Direction concerning Multiple Species Habitat Conservation Plan (MSHCP) funding and implementation approach, selection of the project for purposes of environmental analysis and preparation of draft MSHCP, direction concerning inclusion of cities, and direction concerning conceptual public access plan.

12.2 TRANSPORTATION AND LAND MANAGEMENT AGENCY: Riverside County Integrated Project (RCIP): General Plan Advisory Committee Recommendation regarding RCIP Incentive Program.