Impending Death for Private Property Rights in Cherokee County?

With so much growth and change headed for Cherokee County, and Metro Atlanta in general, private property rights are being threatened by land use planners and elected officials who are trying to control population growth. The ARC projects that the population of the 20-county Atlanta area -- long one of the fastest-growing metropolitan regions in the country -- will increase from 4.79 million people in 2005 to 6.97 million in 2030, a 46 percent rise. Job numbers will rise from 2.92 million to 4.89 million in those same years, a 67 percent spurt. For Cherokee County the Comprehensive Land Use map is required by the state and is due for state review next summer and this revision process is threatening private property rights.

Some land use planners and elected officials are trying to use the map revisions to enforce "slow growth" or "anti-growth" agendas. They accomplish by designating property as defined allowable uses under the new land use map. For example, some properties are categorized as residential (with varying densities), while others are categorized as agricultural, commercial, industrial, etc... This sounds like a great concept and smart way to manage growth in areas that can support it. I agree completely if this Future Land Use Map (FLUM) is used as a tool, concept, or proposal, but to make it a law is very risky business. In essence, the FLUM also designates property values. High-density residential properties will earn higher sales prices int he future than agricultural properties and the commercially designated properties gain tremendous future value.

Should local governments determine future values of property? Does this not infringe on the property owner's right to earn the highest best price for their land based on free market factors? This sounds like neighborhood covenants being placed on every property owner's land int he county. Covenants are wonderful for those who wish to buy into a covenanted property, but many owners avoid those properties to enjoy the freedom of future uses for their property. Why does the county have a right to take that away? The FLUM is fine as a tool or guideline, but making it law is problematic.

Luckily there is a group organized to protect each private property owner's rights in Cherokee County. The Cherokee Citizens for Property Rights, LLC is fighting for everyone's right to use their property for it's highest and best use. Here is an excerpt from their website describing their background...

On November 2, 2006 a group of about 20 individuals met to discuss a proposed controversial new Land Use Map for Cherokee County. This was the first that many had heard of the plan, and the contents were alarming:

• Potential loss of property value due to property owners’ inability to use property for its highest and best use.
  

• An increased tax burden on property owners due to the county’s inability to create a sufficient tax base in the form of new homes or businesses to support the currently approved future growth.

• A denial of county services, infrastructure and tax money such as libraries, parks, or road improvements to the areas outside of the already existing densely developed areas.

• A set of regulations that will make future land use adaptations, changes, or rezonings improbable if not impossible. A set of guidelines that makes undeveloped property surrounding already developed areas part of an amenities package, as the undeveloped land has been selected to be a permanent picturesque view for residents in neighborhoods.

The New Land Use plan was a wake up call. For too long property owners have been under-represented in the county planning and zoning process. Cherokee Citizens for Property Rights was created for the purpose of protecting the property rights of Cherokee County citizens and property owners. We will work together with like minded citizens and county planners
to make sure that planning will be reasonable, so that owners may utilize their property to the highest and best use.

It seems to me that if the county doesn't do something to protect property rights, then every city located within the county will be expanding through annexation. Even worse for the county, new cities may be created to allow property owners the freedom of controlling their own destiny without adhering to strict land use maps of the county. More and bigger cities may be best for the county in the long run, but I doubt that is the county official's goals today. If they don't wake up and realize that growth will happen with or without them and implementing too many restrictive controls will only create more and larger cities (and/or law suits), then we may well see the growth of the cities Waleska, Ball Ground, Holly Springs, Canton, and Woodstock along with the possible creation of Free Home City, City of Hickory Flat, Union Hill Inc., etc...

With all of the recent concerns over government's use of Eminent Domain, will Future Land Use Maps and Zonings be the new tool for government's to control private citizen's real estate rights?