Porter Goss: “this is a tough subject, involving the need to balance protection of constitutionally guaranteed private property rights…”

“this is a tough subject, involving the need to balance protection of constitutionally guaranteed private property rights with other constitutional guarantees of public health, safety, and welfare as traditional, legitimate functions of Government. While I agree this is a subject that needs our attention, and I commend Mr. Gallegly for his work in bringing the matter forward, I do have some concerns about the bill we are about to consider. As a former mayor and county commissioner, I'm particularly interested in H.R. 1534. While the current system we have of layering government an division of authority isn't perfect, I believe it works well and ensures a balanced role for all three levels of government involved in these decisions. We ought to trust the local officials to work through the zoning issues. They're the ones on the frontlines-- they deal with these questions every day and are in the best position to be directly responsive to the needs and concerns of the community. Of course, there are poster child examples of the extreme development abuses and cases of egregious takings without compensation. If there are questions of State law that need to be resolved, we need State courts to decide those issues. If a legitimate takings claim exists, it is critical we ensure landowners their day in court. We need to maintain for local officials a meaningful opportunity to work with the landowners and other constituents to craft a compromise.”