00-0151R
RESOLUTION IN OPPOSITION TO H.R. 2372.
BY COUNCILORS STEWART AND HOGG:

WHEREAS, the U.S. House of Representatives will consider H.R. 2372, the Private Property Implementation Act of 1999; and

WHEREAS, said act constitutes a preemption of local governing authority by allowing landowners and developers to bypass state courts and local planning commissions and city councils and take their land use grievances directly into federal court thereby effectively federalizing land use laws; and

WHEREAS, land use laws including planning and zoning codes have historically been under the authority of local governing bodies; and

WHEREAS, local governing bodies adopt land use ordinances, approve building permits, and grant variances not for the purpose of infringing on private property rights but to protect the rights of all community members, to protect community values, to protect the environment and to safeguard the property values of the community; and

WHEREAS, the Private Property Implementation Act of 1999 would force local governments to defend land use policies in distant and expensive federal courts and thereby constitute a costly unfunded federal mandate.

NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth, Minnesota, a city of the first class, opposes the passage of H.R. 2372, the Private Property Implementation Act of 1999, and any other federal legislation that would have a similar effect on local governments.

RESOLVED FURTHER, the city clerk is hereby directed to send a certified copy of this resolution to Congressman James L. Oberstar.



STATEMENT OF PURPOSE: This resolution opposes the passage of H.R. 2372 by the U.S. House of Representatives for the reasons stated in the body of the resolution.