under the bill with the manager's amendment, you do not get immediate access to the Federal court. You have to apply to the local land use agency. You get a ruling, you reapply, taking the conditions of the denial into account. Then you must appeal the application, or as much as necessary, to reach a body of elected local officials, if available. If all of the above are denied, you have concurrent jurisdiction. You may go the State route or you may go the Federal route. Now, I hasten to point out what we are vindicating here is a constitutional right, and the Federal courts exist to vindicate constitutional rights. The fifth amendment discusses the taking and the rights of property owners; the seventh commandment talks about thou shalt not steal. The real problem is delay. Data indicates nine years it takes to wend your way through the maze of local jurisdiction. The Federal judges are local people. These cases are not too tough for them to decide. Concurrent jurisdiction is given, and there are many civil rights cases that get expedited treatment under the statute. Why is not the right to have your property treated properly and legally a civil right? It is a human right. I simply say the Federal courts are not some exotic bizarre branch of justice only taking a few cases. Those judges can handle these cases. They are not tough. They handle a lot tougher cases. But give the property owner some relief before 9 years have elapsed.
Editor's note · Context
Discussing access to Federal courts for property rights under a proposed bill.
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