Sherwood Boehlert: “I point out what the Judicial Conference of the United States says, and keep in mind we are talking about a basic issue…”

“I point out what the Judicial Conference of the United States says, and keep in mind we are talking about a basic issue decided by the Supreme Court that this bill proposes to overturn. That issue was decided 7 to 1 by the Supreme Court, with all the conservative justices voting in favor of Williamson County versus The Bank of Hamilton. The Judicial Conference of the United States says the judicial conference expresses concern with the Private Property Rights Implementation Act of 1997. The bill would alter deeply ingrained Federalism principles by prematurely involving the Federal courts in property regulatory matters that have historically been processed at the State and local level. Finally, let me point out to my colleagues that it has been said repeatedly that my concerns have been mainly accommodated, some directly, some in spirit. Well, in spirit, that leaves a lot for interpretation. The basic fact of the matter is, there is a fatal flaw in this bill. It does now say that if a zoning board offers an alternative, a developer must appeal one more time. But the bill removes all incentives for negotiations. I urge support of the Boehlert substitute and opposition to the basic bill unless it is properly amended.”