MAKING A POSITIVE DIFFERENCE

For Immediate Release:

A Local Issue Prompts a New State Policy

May 7, 2010, Lincoln – This week and next I want to describe how the four legislative elements - people, process, policy and politics – can all be woven into and around an issue, and influence the resulting legislative action. My report begins with a well-established policy and the Cass County residents it affected. It ends with a new state policy that will grant some new rights to private landowners in Nebraska for many years to come.
   
In the fall of 2008 I learned that land acquisition for the proposed MoPac Trail extension would include the Lower Platte South Natural Resources District (LPSNRD)’s use of eminent domain to take property from more than 20 private landowners. The proposal also called for the trail to cross county roads several times, and this worried Cass County Commissioners. There was no doubt that the LPSNRD had the right to develop trails and use eminent domain in an unfettered way, because both rights were granted to natural resources districts (NRDs) by previous legislatures.

Eminent domain is one of the most powerful tools a unit of government can have, and private citizens seldom have any way to prevent its use. While few would argue that recreational trails serve a good public purpose and are enjoyed by many people, the planned use of eminent domain to take private land for a trail prompted a policy question about the use of this power for a non-essential purpose. An examination of our current laws seemed appropriate, because the supply of abandoned railroad lines that were once used as trail beds has been exhausted, so future trails, especially those designed to cross rural areas and connect urban centers in densely populated areas of eastern Nebraska, are likely to need private land for their development.

In 2009 I introduced LB 134 to eliminate the use of eminent domain by NRDs for optional recreational trails projects while maintaining the power for necessary flood control structures. This bill became the first of several steps in a two-year effort to develop a more equitable way for trail development to occur in our state. Responses to LB 134 ranged from enthusiastic support to strong opposition, but many of my fellow lawmakers voiced opinions, asked questions and proposed modifications, all of which indicated they needed more time and information before developing a position on the bill. I used maps, pictures and talking points to engage my colleagues in one-on-one discussions of the problem that arose in Cass County and the potential for it to occur in other parts of the state.

Clarification about what prompted the introduction of LB 134 helped some senators to tentatively move toward support for the bill. Although they expressed concern about the local situation in our legislative district, for personal reasons or because of opposition from constituents and special interest groups, other senators remained dubious and unwilling to commit to an aye vote on LB 134. Two senators suggested alternatives to the outright repeal of the use of eminent domain for trail development. Although neither suggestion produced a desirable solution in the end, it was important to listen and carefully consider their ideas. Being open-minded and willing to compromise is the best way to encourage on-going collaboration in the future. I have learned that this approach can be the key to working effectively in the legislature. At this point it was unclear how LB 134 would fare during floor debate.


Meanwhile, the LPSNRD and the Cass County Board began discussions about an alternate trail route. LB 134 became a bargaining tool in an effort to convince the NRD Board to approve a moratorium on the original route through the 2010 legislative session. The moratorium was approved with the understanding that I would “kill” the bill, and the Natural Resources Committee would study the use of eminent domain for recreational projects between legislative sessions. Although LB 134 had the support of a number of state senators, it would have had significant opposition in the legislature and from groups that support expanded trail development. I agreed to the moratorium, because it was the best way to offer short-term protection to the affected landowners in Cass County.

Next week I will outline the continuing efforts that created the new policy for the use of eminent domain for recreational trails.

I appreciate the opportunity you have given me to represent District 2 in the Nebraska Legislature.
We welcome your contacts by mail, phone or email.
Senator Dave Pankonin
    State Capitol
    PO Box 94604
    Lincoln, NE 68509
    (402) 471-2613
dpankonin@leg.ne.gov