Shall we the people of the Kenai Peninsula Borough be for "Protection of Rights" or waiver and sacrifice them to hypothetical destruction of our Borough and State resources? Emotion is not reason! We should not quietly accept denial of one or several sticks taken from the bundle of Property Rights we hold. Should these takings continue to go unrecognized by our local government while they grow rich on overassessments that don't get adjusted to actual values? Where is the "just compensation and due process?" Has there been a twofold miscarriage of justice?
Yes, one could argue that there could be a "superior beneficial use and public purpose."
But has no specific inherent right been extinguished? Or has it? Emotions do not fair well in a court of law and neither does a taking protected by our Constitution (Art. 8 Sec. 16) .
To what degree do we need to go to prove these facts? Do the people of Seldovia deserve relief above everyone else? Is the Borough creating a further grievance in and of the situation by violating citizens equal protection through selective application of these laws? Is it not time to correct a wrong created by whom swore an oath to the Constitution? The Borough Assembly is not a constitutional court but they do have a duty to craft laws that apply equally. Do we continue in a state of fear for what is not equal and just? We have not destroyed our resources either on public or private land. Should no good deed go unpunished? I say yes and no.
Ordinance 96-06 and subsequent 2011-12 where born of good will and should serve for a purpose applied where they belong on Borough Public lands currently owned and those that may be received through the Statehood Act identified for community expansion and development. It is on those lands that restrictions should be placed, if the public wishes. Should not the good stewards of private estates along our anadromous water bodies be given thanks instead of being penalized?
Be it that, in political haste, we failed to recognize the true facts that taxes previously assessed upon those Kenai River private land estates, and now those of coastal sloughs and lakes, are unequal in real evaluation to our citizens for rights taken.
I plead now to the fine Borough Assembly and Mayor Navarre to repeal both Ord. 96-06 and 2011-12 but keep and modify Code 21 for those Borough lands that reside in borough management and those that are released for private ownership in the future which warrant such restriction.