By Brad Witt

For the Daily Astorian

April 23, 2009

(Click here for a printable version of this column)

Serving in the Oregon Legislature is a great honor for me because I am proud of our democratic system of government, our beautiful district and the wonderful people whom I serve.

Our deliberative form of government works best when we show civility toward those we disagree with and conversely, it is undermined when we unfairly impugn the motives of others or purposely create red herrings.Too often, as a matter of political stratagem, some people are motivated to blow things out of proportion, purposely spread disinformation or create false concerns among the public. Such has been the case with House Bill 3058. In the last couple weeks, my legislative colleagues and I have been made targets by some of the more extreme elements who oppose the Bradwood Landing LNG facility.

All of this brouhaha has been stirred up over a very simple bill that does one thing and one thing only: HB 3058 merely allows a third party to apply for a fill/removal permit with the Division of State Lands (DSL). I sponsored House Bill 3058, along with my colleague Rep. Mike Shaufler, D-Happy Valley, to correct a Catch-22 in Oregon law. Currently, before anyone can apply for a fill/removal permit with the DSL, one must either own the property in question, have the landowner’s consent, or have the government condemn the property through eminent domain.

That may sound reasonable. But for long, linear projects, with complex permitting requirements such as highways, pipelines or bridges, this approach doesn’t work. Instead, current law has the unintended consequence of forcing the state and developers to seek property condemnation as a first, rather than a last, resort.

If one holdout landowner can prevent an applicant from even applying for a permit (we’re not talking about actually getting the permit), the delays this could cause make a case to condemn property first. That’s not in anyone’s best interests.

Once DSL receives an application for a fill/removal permit, it then works with the applicant to adjust the road or pipeline route to ensure it has the least possible impact on the community and environment. Before the permit may be issued, and before a single shovel can be turned in construction, the state or developer must either have purchased the property from the landowner, be the landowner’s designee, or as a last resort, had the property condemned.

‘Misleading the public’

HB 3058 simply allows a third party to initiate the application process. I want to be very clear what this bill does not do, because some LNG opponents are misleading the public about its contents and effects. The bill does not give anyone the right to begin a fill/removal project prior to DSL’s issuance of a permit. Furthermore, during the public hearing on HB 3058, I asked Division of State Lands Director Louise Solliday several questions and here were her answers:

Will HB 3058 take property from landowners? No.

Will HB 3058 automatically grant fill/removal permits to developers? No.

Will HB 3058 give developers eminent domain rights? No.

Will HB 3058 allow companies to steal people’s land? No.

These are the facts. Yet LNG opponents continue to misrepresent the purpose of this bill before the House Sustainability Committee, in local letters-to-the-editor, and in their phone calls and e-mails to my colleagues. That type of behavior is neither impressive nor persuasive. House Bill 3058 is necessary to ensure Oregon’s permitting process allows us to meet our critical infrastructure needs while protecting both the environment and property rights. It also eliminates an existing incentive to condemn private property.

As Oregonians, we must demand the best from each other. We must demand integrity and civil behavior. Know the facts - HB 3058 doesn’t deny property owners’ rights. I encourage you to go online to the Legislature’s Web site, (click on the Sustainability and Economic Development Committee’s evening hearing April 9) and listen to the testimony of the Director of DSL for the truth.

Brad Witt is one of the the North Coast’s state representatives, serving District 31