Initiative 933
Encyclopedia
Ballot Initiative 933 was a ballot initiative in the U.S. state
of Washington in 2006. It concerned land use planning
, and was voted down by 59% in the 2006 elections.
The controversial initiative pitted the interests of real estate developers against environmental protection
and preservation of natural resources
.
The initiative is also known as I-933, titled "Property Rights" by the Secretary of State, "The Property Fairness Initiative" by its supporters, and the "Developers Initiative" by its opponents.
the initiative would have cost taxpayers an estimated $7.8 billion during the first five years after enactment. The same study also found that “Virtually every county would likely be faced with claims, yet none have a tax revenue source in place for paying them.”
Though it was described as establishing a “pay or waive” system, I-933 did not have the power to permit waivers in most relevant cases. This would have resulted in a “stymied decision” and uncertainty for both landowners and local governments, with the result of slowing down development permits.
I-933 would likely have led to a greater role for federal government in the region.
The initiative would have had implications not only for real estate, but on intellectual property rights, water rights, motor vehicles, securities and intangible commercial assets.
A significant portion of the financial support for the campaign came from out of state contributors, the largest portion from a group known as the Americans for Limited Government
. ALG contributed over $200,000 to I-933, and similar amounts to the measures in Oregon
, Montana
, Idaho
, among other states. This organization is chaired by Howard Rich
, a real-estate entrepreneur from New York
and a member of the libertarian
think tank
, the Cato Institute
, who has contributed over $2.4 million to fund a variety of land use campaigns in California
, Idaho
, Oklahoma
, Arizona
, Montana
, Missouri
, and Washington. Critics of I-933 noted that while its supporters claimed to speak in the name of Washington State and its farmers, the initiative was largely the work of out of state lobbyists and real estate developers
Other endorsers included:
claims. Opponents of the proposal also pointed out that the Washington Farm Bureau represents primarily large corporations and has an established record of supporting Republican candidates with PAC
money. The Association of Washington Cities argued the Initiative would have cost taxpayers 4.5 billion dollars a year in claims against municipalities. Environmentalists claimed "Initiative 933 would dismantle ... (environmental) protections, making it extremely difficult to enforce the Clean Air Act
and the Clean Water Act
." Moreover, I-933 allocated no funding for the payments it required, raising fears that taxes would have been increased and/or that funding to key infrastructural programs would have been cut. Lobbyists in favor of the bill dismissed these accusations as scare tactics. On October 10, 2006, all six of Washington's living former governors joined current Gov. Christine Gregoire to oppose Initiative 933. "I-933 is an extremely vague and loophole-ridden initiative that exposes our taxpayers to great expense," said former Gov. Gary Locke.
Organizations that opposed the initiative included:
It was also similar to Oregon Ballot Measure 37 (2004)
, as well as numerous 2006 initiatives promoted in other states (nearly all of which were defeated.)
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Washington in 2006. It concerned land use planning
Land use planning
Land-use planning is the term used for a branch of public policy encompassing various disciplines which seek to order and regulate land use in an efficient and ethical way, thus preventing land-use conflicts. Governments use land-use planning to manage the development of land within their...
, and was voted down by 59% in the 2006 elections.
The controversial initiative pitted the interests of real estate developers against environmental protection
Environmental protection
Environmental protection is a practice of protecting the environment, on individual, organizational or governmental level, for the benefit of the natural environment and humans. Due to the pressures of population and our technology the biophysical environment is being degraded, sometimes permanently...
and preservation of natural resources
Natural Resources
Natural Resources is a soul album released by Motown girl group Martha Reeves and the Vandellas in 1970 on the Gordy label. The album is significant for the Vietnam War ballad "I Should Be Proud" and the slow jam, "Love Guess Who"...
.
The initiative is also known as I-933, titled "Property Rights" by the Secretary of State, "The Property Fairness Initiative" by its supporters, and the "Developers Initiative" by its opponents.
Content of the proposal
I-933 called for government agencies in the State of Washington to evaluate the direct effects on private property's use and value (both real and personal property) when enacting regulations or ordinances. Furthermore, it called for these government agencies to either pay compensation when "damaging" property, to consider "less restrictive means," or to waive the regulation in question altogther.Cost
According to a study conducted by the University of WashingtonUniversity of Washington
University of Washington is a public research university, founded in 1861 in Seattle, Washington, United States. The UW is the largest university in the Northwest and the oldest public university on the West Coast. The university has three campuses, with its largest campus in the University...
the initiative would have cost taxpayers an estimated $7.8 billion during the first five years after enactment. The same study also found that “Virtually every county would likely be faced with claims, yet none have a tax revenue source in place for paying them.”
Other effects
I-933 would have impacted critical areas that are protected to prevent flooding and protect fish, wildlife and groundwater.Though it was described as establishing a “pay or waive” system, I-933 did not have the power to permit waivers in most relevant cases. This would have resulted in a “stymied decision” and uncertainty for both landowners and local governments, with the result of slowing down development permits.
I-933 would likely have led to a greater role for federal government in the region.
The initiative would have had implications not only for real estate, but on intellectual property rights, water rights, motor vehicles, securities and intangible commercial assets.
Supporters
Supporters of I-933 argued that the proposal would have protected private property owners from "excessive land-use regulations or proposed regulations that damage the use and value of private property."A significant portion of the financial support for the campaign came from out of state contributors, the largest portion from a group known as the Americans for Limited Government
Americans for Limited Government
Americans for Limited Government describes itself as a non-partisan, nationwide network committed to advancing free-market reforms, private property rights and core American liberties...
. ALG contributed over $200,000 to I-933, and similar amounts to the measures in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, among other states. This organization is chaired by Howard Rich
Howard Rich
Howard S. Rich, also Howie Rich is a Manhattan-based real estate developer who is notable for funding libertarian oriented political initiatives such as term limits, school choice, parental rights regarding education, limited government and property rights. He has published essays advocating these...
, a real-estate entrepreneur from New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and a member of the libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
think tank
Think tank
A think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...
, the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
, who has contributed over $2.4 million to fund a variety of land use campaigns in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, and Washington. Critics of I-933 noted that while its supporters claimed to speak in the name of Washington State and its farmers, the initiative was largely the work of out of state lobbyists and real estate developers
Other endorsers included:
- Bainbridge Citizens United
- Spokane Pro-America
- Washington Cattleman’s Association
- Washington Contract Loggers Association
- Farm Bureaus from Washington State
Opponents
Opponents of the initiative questioned why taxpayers should have "to pay some land owners to follow laws already on the books or waive those protections for the community" . I-933 required taxpayers to pay legal fees for all claims, including retroactiveEx post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
claims. Opponents of the proposal also pointed out that the Washington Farm Bureau represents primarily large corporations and has an established record of supporting Republican candidates with PAC
Political action committee
In the United States, a political action committee, or PAC, is the name commonly given to a private group, regardless of size, organized to elect political candidates or to advance the outcome of a political issue or legislation. Legally, what constitutes a "PAC" for purposes of regulation is a...
money. The Association of Washington Cities argued the Initiative would have cost taxpayers 4.5 billion dollars a year in claims against municipalities. Environmentalists claimed "Initiative 933 would dismantle ... (environmental) protections, making it extremely difficult to enforce the Clean Air Act
Clean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...
and the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
." Moreover, I-933 allocated no funding for the payments it required, raising fears that taxes would have been increased and/or that funding to key infrastructural programs would have been cut. Lobbyists in favor of the bill dismissed these accusations as scare tactics. On October 10, 2006, all six of Washington's living former governors joined current Gov. Christine Gregoire to oppose Initiative 933. "I-933 is an extremely vague and loophole-ridden initiative that exposes our taxpayers to great expense," said former Gov. Gary Locke.
Organizations that opposed the initiative included:
- Former Governors Booth GardnerBooth GardnerBooth Gardner , an heir to the Weyerhaeuser fortune, was the 19th Governor of the U.S state of Washington between 1985 and 1993. He also served as the ambassador of the GATT. He is a Democrat. Before serving as governor, Gardner was Pierce County Executive...
(D), Daniel J. EvansDaniel J. EvansDaniel Jackson Evans served three terms as the 16th Governor of the state of Washington from 1965 to 1977, and represented the state in the United States Senate from 1983 to 1989....
(R), Gary Locke (D), Mike LowryMike LowryMichael Edward "Mike" Lowry served as the 20th Governor of the U.S. state of Washington from 1993 to 1997. Lowry is a Democrat.Lowry was born and raised in St. John, Washington, and graduated from Washington State University in 1962...
(D), John SpellmanJohn SpellmanJohn Dennis Spellman was the 18th Governor of Washington between 1981 and 1985; before that, he was a member of the King County, Washington, County Commission from 1967 to 1969 and the King County Executive from 1969 to 1981. He was a Republican and his opponent in the 1980 election was then-State...
(R) - State Senators Luke EsserLuke EsserLuke Esser was the chairman of the Republican Party of Washington from 2007 to 2011. He was elected on January 27, 2007, when he defeated incumbent chairwoman Diane Tebelius, was re-elected in 2009, but lost to Kirby Wilbur in 2011....
(R), Mary Margaret HaugenMary Margaret HaugenMary Margaret Haugen is a Washington state senator and chairwoman of the Senate Transportation Committee. She has served Washington's 10th district as a state senator since 1993; her current term expires in January 2012....
(D) - State Representatives Fred JarrettFred JarrettFred Jarrett is the Deputy King County Executive and a former Democratic member of the Washington State Senate, representing the 41st district since January 2009. He was first elected to the Washington House of Representatives in 2001 as a Republican, serving four terms. He switched parties in...
(R), Sam HuntSam Hunt (Washington politician)Sam Hunt is a member of the Washington House of Representatives.He represents the 22nd District and is Chair of the State Government and Tribal Affairs Committee; Hunt also serves on the Education Committee and the Ways and Means Committee....
(D) - American Institute of ArchitectsAmerican Institute of ArchitectsThe American Institute of Architects is a professional organization for architects in the United States. Headquartered in Washington, D.C., the AIA offers education, government advocacy, community redevelopment, and public outreach to support the architecture profession and improve its public image...
, Washington Council and Seattle Chapter - Greater Seattle Chamber of CommerceChamber of commerceA chamber of commerce is a form of business network, e.g., a local organization of businesses whose goal is to further the interests of businesses. Business owners in towns and cities form these local societies to advocate on behalf of the business community...
- American Planning AssociationAmerican Planning AssociationThe American Planning Association is a professional organization representing the field of city and regional planning in the United States. The APA was formed in 1978 when two separate professional planning organizations, the American Institute of Planners and the American Society of Planning...
- Washington State Building Trades
- AFSCME - Washington State Council of County & City Employees
- Washington State Labor CouncilWashington State Labor CouncilThe Washington State Labor Council is the Washington branch of the AFL-CIO. It represents all AFL-CIO affiliates in state politics, and is major interest group, particularly for Democratic politicians. The organization was split when several national unions broke from the AFL-CIO and formed the...
- Various neighborhood associationNeighborhood associationA neighborhood association is a group of residents or property owners who advocate for or organize activities within a neighborhood. An association may have elected leaders and voluntary dues....
s - Washington Association of Churches
- American Lung AssociationAmerican Lung AssociationThe American Lung Association is a voluntary health organization whose mission is to save lives by improving lung health and preventing lung disease.-History:...
of Washington - Washington Physicians for Social ResponsibilityPhysicians for Social ResponsibilityPhysicians for Social Responsibility is the largest physician-led organization in the USA working to protect the public from the what they consider threats of nuclear proliferation, climate change, and environmental toxins...
- National Wildlife FederationNational Wildlife FederationThe National Wildlife Federation is the United States' largest private, nonprofit conservation education and advocacy organization, with over four million members and supporters, and 48 state and territorial affiliated organizations...
- United Farm WorkersUnited Farm WorkersThe United Farm Workers of America is a labor union created from the merging of two groups, the Agricultural Workers Organizing Committee led by Filipino organizer Larry Itliong, and the National Farm Workers Association led by César Chávez...
- Amalgamated Transit UnionAmalgamated Transit UnionThe Amalgamated Transit Union is a labor union in the United States and The Amalgamated Transit Union Canadian Council in Canada, representing workers in the transit system and other industries...
Locals 1015 and 757 - American Federation of State, County, and Municipal Employees - Councils 2 and 28
- International Brotherhood of Electrical WorkersInternational Brotherhood of Electrical WorkersThe International Brotherhood of Electrical Workers is a labor union which represents workers in the electrical industry in the United States, Canada, Panama and several Caribbean island nations; particularly electricians, or Inside Wiremen, in the construction industry and linemen and other...
Locals 112 and 483 - Ironworkers Local 14
- National Association of Letter CarriersNational Association of Letter CarriersThe National Association of Letter Carriers is an American labor union, representing non-rural letter carriers employed by the United States Postal Service...
791 - Service Employees International UnionService Employees International UnionService Employees International Union is a labor union representing about 1.8 million workers in over 100 occupations in the United States , and Canada...
, Washington State Council - UNITE HEREUNITE HEREUNITE HERE is a labor union in the United States and Canada with more than 265,000 active members The union's members work predominantly in the hotel, food service, laundry, warehouse, and casino gaming industries...
Local 8 - United Food and Commercial WorkersUnited Food and Commercial WorkersThe United Food and Commercial Workers International Union is a labor union representing approximately 1.3 million workers in the United States and Canada in many industries, including agriculture, health care, meatpacking, poultry and food processing, manufacturing, textile, G4S Security, chemical...
- Washington State Council and Local 21 - Washington Blue-Green AllianceBlue-Green AllianceA Blue-green alliance describes an alliance between political parties and other organizations. It has several different meanings that may be evidence that green politics is "neither left nor right", and can ally with either in a given context.-Canada:...
- Democracy for AmericaDemocracy for AmericaDemocracy for America is a progressive, people-powered political action committee, headquartered in South Burlington, Vermont. Founded by former Democratic National Committee Chairman Howard Dean in 2004, DFA leads public awareness campaigns on a variety of public policy issues, trains activists,...
(Bellingham and Kitsap Bainbridge) - Washington State DemocratsDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, and 12 county committees and 17 legislative districts - King County Young Democrats
- Green PartyGreen Party (United States)The Green Party of the United States is a nationally recognized political party which officially formed in 1991. It is a voluntary association of state green parties. Prior to national formation, many state affiliates had already formed and were recognized by other state parties...
of Washington State - League of Women VotersLeague of Women VotersThe League of Women Voters is an American political organization founded in 1920 by Carrie Chapman Catt during the last meeting of the National American Woman Suffrage Association approximately six months before the Nineteenth Amendment to the United States Constitution gave women the right to vote...
of Washington - Permanent Defense
- American Federation of TeachersAmerican Federation of TeachersThe American Federation of Teachers is an American labor union founded in 1916 that represents teachers, paraprofessionals and school-related personnel; local, state and federal employees; higher education faculty and staff, and nurses and other healthcare professionals...
, Washington - Audubon Society Washington
- Sierra ClubSierra ClubThe Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
Northwest and Cascade Chapter - Surfrider Foundation Northwest Straits and Seattle Chapters
- The Nature ConservancyThe Nature ConservancyThe Nature Conservancy is a US charitable environmental organization that works to preserve the plants, animals, and natural communities that represent the diversity of life on Earth by protecting the lands and waters they need to survive....
of Washington - Cascade Bicycle ClubCascade Bicycle ClubCascade Bicycle Club is a nonprofit 501 community organization based in Seattle, Washington. It is the largest bicycling club in the United States with more than 13,000 members. It is run by unpaid directors, professional staff and volunteers...
- Washington Conservation VotersLeague of Conservation VotersThe League of Conservation Voters is a political advocacy organization founded in 1969 by American environmentalist David Brower in the early years of the environmental movement. LCV's mission is to "advocate for sound environmental policies and to elect pro-environmental candidates who will adopt...
- Affiliated Tribes of Northwest Indians
Precedents
I-933 was similar to Initiative 164, a 1995 bill passed by the Washington legislature and subsequently repealed by ballot initiative (referendum 48.)It was also similar to Oregon Ballot Measure 37 (2004)
Oregon Ballot Measure 37 (2004)
Oregon Ballot Measure 37 is a controversial land-use ballot initiative that passed in the U.S. state of Oregon in 2004 and is now codified as Oregon Revised Statutes 195.305. Measure 37 has figured prominently in debates about the rights of property owners versus the public's right to enforce...
, as well as numerous 2006 initiatives promoted in other states (nearly all of which were defeated.)
External links
- An article on the projected costs of I-933
- An article comparing I-933 to Oregon's Measure 37
- An article in the Seattle Times examining public perception of I-933
- Full text of the Washington Constitution provided by the Washington State Legislature
- The Nature Conservancy's analysis of I-933
- http://www.oregonlive.com/oregonian/factbox/index.ssf?/base/factboxes/115474471636770.xmlThe Oregonian "fact box" regarding Americans for Limited GovernmentAmericans for Limited GovernmentAmericans for Limited Government describes itself as a non-partisan, nationwide network committed to advancing free-market reforms, private property rights and core American liberties...
] - MRSC collection of links on I-933
- Information on various Initiatives from Washington Voter
- The Olympian on I-933
- An analysis of the ecological impact of I-933
- A collection of links regarding I-933 at News Cloud
- Land Use Watch on I-933