You have a right to vote!

By Steven Robinson / For The Leader

There is a petition circulating throughout Lake County would give the citizens of Lake County an opportunity to express their opinion at the ballot box regarding legislation passed in 2005 that has affected many in our county. This petition asks whether or not the Lake County Density Map and Regulations should be repealed.

James Madison, fourth President and primary author of the Constitution stated: "[I]f industry and labor are left to take their own course, they will generally be directed to those objects which are the most productive, and this in a more certain and direct manner than the wisdom of the most enlightened legislature could point out."

Never were these words more true and relevant than they are today. Three years ago the Lake County Commissioners unanimously approved Resolution 05-38 establishing the Density Map and Regulations. Adopted in accordance with the Lake County Growth Policy and following the procedures detailed in MCA 76-2-205 for establishing zoning regulations; these rules have caused some of the greatest attack on personal property rights in Lake County history.

While the purpose may have seemed noble, in reality the effect is not. Paragraph one of the Purpose states that it wants to "…provide adequate light and air, to prevent overcrowding of land; to avoid undue concentration of population…" In stark contrast one paragraph later it states that the regulations "…have been designed to encourage more intensive development close to cities and towns and sparser development farther from population centers." Clearly Lake County leaders believe they know what is best for the people. I am again reminded of Madison's words: "The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse."

These regulations do infringe on our basic property rights; the map and regulations also place an incredible amount of power into the hands of this very small group of people without any checks and balances. The experience of Carl Seifert, as he expressed in his quarter page ad unfortunately is not unique. Another gentleman, owner of a 10 acre parcel recently married. He requested a family transfer from the Commissioners, asking to transfer five acres to his new bride, as allowed by MCA 76-3-207. Unfortunately, the commissioners said 'No" he hadn't been married… long enough! Where does the Montana Code Annotated define the adequate length of time for a marriage?

These examples illustrate the risk of too much control in the hands of a few. If the Commissioners have an agenda to restrict growth in Lake County we can only judge by their actions.

I understand that there are some reasons why some people prefer to have these controls in place. I have heard a few.

Some worry about overcrowding. Currently there are 18 people per square mile in our county. When you exclude communities from Polson to Arlee there is one person for every 50 acres. When you consider all the open space, you have to ask: do we really have a problem with overcrowding? NO!

Second, people believe commissioners represent us and that they make legislation and we shouldn't interfere. Unfortunately that ignores our Constitution, which states in Art. III, Sec.5: "The people may approve or reject by referendum any act of the legislature…" In this case the legislative act is the Commissioners' decision to approve the Density Map and Regulations. At least this objection is on principled, philosophical grounds, even if the argument still is wrong.

The citizens of Lake County deserved to be heard in an election on this issue. A large majority of those who attended the original hearings did indeed oppose these regulations. Unfortunately they were ignored. So now, by placing this referendum on the ballot you can have your voices heard. That is truly the appropriate and better government way of doing things