Great article in the post register dated April 14th, 2013.  It is good to see the public and media agree with our postion and presure city officials to do the same.

Idaho Falls' new city attorney, Randy Fife, has been on the job a couple of weeks. By now, the Skyline High School graduate and former Moscow city attorney must understand he's coming in at a politically unstable time with elections looming and a lame duck mayor at the helm. He also knows why he's here -- the abrupt resignation of his predecessor, Dale Storer.
Before things get hot and heavy and Fife finds himself immersed in equal rights ordinances, airport hangar contracts and transmission line lawsuits, allow us to humbly offer a little advice, five points that could ensure a long and successful tenure:
1. Encourage transparency
Idaho Falls city government has an abysmal record in this area. There was an open meeting violation in 2006 and another last year for an impromptu gathering in the hallway during a budget hearing. Nobody should forget the effort to hide the investigation of a former library director 10 years ago or that Storer somehow determined that certain council members could attend only certain public meetings.
Idaho Falls city government views transparency as a necessary evil rather than the foundation of representative government. Our new city attorney needs to be willing to speak up when his clients stray from either the letter or spirit of Idaho's Sunshine Laws.
2. Relationships matter
Storer poisoned an already tenuous relationship between Idaho Falls and Bonneville County by helping Rep. Tom Loertscher, R-Bone, and former state Sen. Stan Hawkins sue the county in a road dispute.
Bonneville County and Ammon are not Idaho Falls' adversaries, Mr. Fife, no matter what you might hear at City Hall.
3. Know your stuff.
Idaho Falls Power officials moved forward on the North Loop transmission project with one certainty in their back pockets: If all else failed, they could condemn the county land needed to complete the project.
As it turns out, a federal judge disagreed with that legal advice and now the city finds itself out hundreds of thousands of dollars, dealing with angry landowners, pursuing a fruitless appeal and no closer to increasing the city's power supply.
4. Don't stray.
Unlike Storer, Fife is an in-house attorney. But things change. If ever he gets tempted to bring in a few extra bucks by taking on outside clients, Fife should remember how Storer's side jobs went wrong -- from suing some of the very people who paid his six-figure salary to representing a Blackfoot School District that showed contempt for its constituents and the rule of law.
5. Remember who you work for.
Storer became known to insiders as the seventh city councilman, a man so confident in his unelected position that he criticized one of his bosses, Councilwoman Sharon Parry, on this page.
The city attorney should take his orders from the elected officials hired by taxpayers to administer city government. That chain of command has been distorted in a city where power has long flowed down from unelected division directors and the former city attorney.
We're counting on you, Mr. Fife, to help restore a balance lost long ago.
Welcome home, and good luck.
Corey Taule

Excellent Post Register editorial written by Rebecca Casper.

Idaho Falls' city leaders cannot be content to wait and see whether a federal appeals court allows it to move forward with the North Loop power project, writes Rebecca Casper.
As a west side resident of Idaho Falls, I've watched with interest the proposed North Loop expansion of the city of Idaho Falls' power grid. In light of recent federal court decisions, I've concluded the city must formulate an alternative to the current western route, a Plan "B."
The purpose of the North Loop project is to connect two city substations -- one on the west side with another on the east side -- with high-tension power lines, traversing about 18 miles. There is no doubt we need to upgrade the infrastructure undergirding Idaho Falls city power. Currently, on days of high power demand, we're risking brownouts or worse.
That is unacceptable. Ours is a growing city. Dependable, affordable power is not just an advantage, it is critical as we compete for and attract relocating businesses and desirable development.
The North Loop project has drawn particular opposition from county residents on 35th West. A group of impacted property owners, under the aegis of the Alliance for Property Rights and Fiscal Responsibility, have sued in federal court to block the use of eminent domain.
Last September, Judge Winmill, the chief federal judge in Idaho, ruled against the city of Idaho Falls on a summary judgment, stating the city lacked the power to condemn property outside its boundaries (much of the project is in the county). As the losing party, the city of Idaho Falls was ordered last week to pay $72,000 in legal fees to the prevailing property owners. Currently, the city is pursing an appeal with the 9th Circuit Court of Appeals.
The ultimate result of the city's appeal is uncertain. But given the adverse decisions at the district court level, it is distinctly possible the city may not prevail. This is why we need a backup plan.
Our city should move aggressively to develop alternatives to the disputed west-side portions of the project. Obvious options include choosing an alternative route or possibly partnering with Rocky Mountain Power on a regional power grid. All reasonable options should be on the table. Citizens and those impacted must be willing to find a solution. Sans a solution, we can surely expect decreased service, increased costs or both.
Eyes throughout the state are watching to see how our energy issue will play out. If we can't come together to address a problem that is in all of our best interest to solve, it doesn't bode well for other, more complicated energy infrastructure problems facing the state and region.
One thing is clear: Our city's future could be put in jeopardy by an adverse court ruling. Waiting until the 9th Circuit decides the issue is risky. Developing Plan "B" is the smart thing to do.
Casper is a mother of four, Ph.D., community volunteer, adjunct faculty at EITC and owner of Omnia Strategies, a political and professional consulting and strategy firm. You can reach her at rcasper@byu.net.

Copy of a letter to the editor published in the Post Register - It is easy to see that the public support the position of the Alliance for Property Rights.

Received Feb. 22
Yes, one down and six to go. The way this city administration has been going, the only way now is up. Thankfully, we have an election coming up and as Corey Taule expressed it, some of them need to be looking for nursing homes.

Ida Hardcastle said she didn't have any problem paying $70,000 for losing the North Loop project. Of course not, it's not her money. Other people's money is really easy to spend. I have lived in Idaho Falls since 1949 and never have I seen such underhanded, behind-the-back, non-committed people running a city of this size. But, Idaho Falls residents just keep voting them in. Pay attention, people.

What's to do for kids here? Look at Rexburg, Pocatello and other towns smaller than us.
It took five years to get a skate park because Idaho Falls' officials stalled long enough that the company that would built it for free left town. Also, now that we have a new police chief, maybe he will instruct his officers to start enforcing city ordinances that they took an oath to uphold. It might take quite some time to undo all the harm Linda Milam had started and just continued to this day.
Good luck to our next mayor. Kick butt! (Word count: 210)
Bill Craig
Idaho Falls

An open letter to Mayor Jared Fuhriman and the Idaho Falls city council.

We have requested meetings with city officials to discuss ideas and options to help solve the energy distribution problem Idaho Falls is facing.   Our requests have been denied over and over again by proud individuals hiding behind expensive attorney’s and unwilling to face facts.  Therefore we will try to communicate our thoughts through this letter.

It has been obvious that Idaho Falls Power is focused on a forty year old loop concept rather than working on obtainable ideas to update the city power grid.  We understand the loop design has been the only thought since it was conceived in 1973.  Nevertheless, quoting Judge Winmill; “I cannot see that burdening the backs of citizens who receive no benefit from this power makes sense”.  The court has interpreted the law to not allow condemnation by a city municipality extraterritorially.  And property will not be acquired by negotiation at this time due to the insolent actions of IFP officials.

The open houses your electrical division held as a way to show they reached out to county residents were a charade.  They solved nothing but pitting neighbor against neighbor.  Then the west side route was placed on the most densely populated road.  We were told this option was chosen because that was the line that Rocky Mountain Power needed updating.  The dense housing of 35^th West goes against your first criteria to reduce the impact on homes.    We then received offers which were grossly undervalued and informed us to either accept or Idaho Falls would condemn.  Many mistakes have been made by IFP.    Those mistakes have hurt your credibility and bring us to this point. 

It is now time for solutions.  Eminent domain is not an option.  This decision will not be overturned; Judge Winmill took great care in his decision because he knew it would be challenged.  IFP lost the option to use eminent domain ever again because they chose to push the question to court.  We cautioned Mayor Fuhriman this would happen.  Therefore the only option now is to upgrade its aging power system through internal, legal or respectful means to acquire property. 

Mayor Fuhriman told us he wanted all the information so he did not have an ‘Ah-ha’ moment when they realized a mistake was made.  Well, this ‘Ah-ha’ moment has happened over and over again.  It is now time to accept this fact and move to a solution. 

We encourage Idaho Falls elected officials to move past the mistakes and find a viable solution.  You are elected as problem solvers, leaders who can see the future and make adjustments when needed.  Always agreeing does not solve a problem.  Which one of you now will lead out and move this ongoing problem to a solution before more money and time are wasted?  We invite you to contact us to again open the channels of communication.

Sincerely,

Alliance for Property Rights

Just an update.........

There were two editorials in last weeks Post Register that supported our position on the transmission line issue.  Both emphasized the importance of private property rights and scolded the city for their callous actions.  Both articles encouraged the city to move on and find a legal option for Idaho Falls power needs. 

Alliance for Property Rights has had information booths set up at two events.  One set up at  the inter mountain horse pulling association event and the other at the community farmers market.  We will also have our booth this Saturday at the farmers market.  At each event we hand out brochures educating everyone about our group and asking for donations to help us protect property rights.  We have had a great deal of interest and seem to be gathering support. 

We have made efforts to talk with the city leaders.  We would like to see them drop the fruitless appeal and in return we could drop our current brief asking for legal fees.  We have had no response from the city.  Unfortunately the city has backed themselves into a tight corner with few options still available to them.  We will continue to put forth our hand of cooperation with hope that smarter minds will come to the table.

These are some excerpts of a story written by Corey Taule of the Post Register.   To read the full editorial go to the Post Register Sept. 23rd edition.   APR agrees with the content.

To say Idaho Falls' appointed and elected leaders are enduring a rough stretch would be a massive understatement: City Attorney Dale Storer's resignation prompted a criminal investigation; the city got slapped down by a federal judge in a vital court case; a proposed $1.1 million property tax increase died in the face of determined opposition; open meeting laws were violated; and Councilwoman Sharon Parry went toe-to-toe with Storer after he had the temerity to tell her what meetings she could attend.
Clearly, Idaho Falls' scarotic city government hierarchy got too comfortable. These folks have had their way for so long that any opposition comes as a shock to the collective system. Times, however, have changed. Fat, dumb and happy no longer applies. The Great Recession forced everyone to embrace lean and mean. Idaho Falls' city government is just now beginning to understand it can't party like it's 1999. Unfortunately, it took a wave of bad news that washed out Storer and is threatening to remove some of his most fervent apologists in next year's election.
But, we would say this to our city leaders: All is not lost. Time remains to regain the confidence of your constituents, if only you will consider the following:

City leaders need to explain why they were so confident in the legal advice offered in the North Loop Power Line case. The summary judgment striking down the city's plans was both rare and an indictment of the city's efforts. Do we have any options moving forward other than an expensive and potentially fruitless appeal?

Finally, Fuhriman needs to keep the promise he made in 2005, to allow citizens to dig into the budget and offer recommendations. Why say it if you don't mean it?
We understand good things are happening in the city. Our parks, zoo and golf courses are tremendous. The Memorial Drive project, once completed, should be wonderful. The garbage gets picked up and the lights always come on. A city leadership team that walks in lockstep can get things done. But there's another side to that. Leaders on autopilot can become complacent and tone deaf.
Times have changed. The citizens of Idaho Falls have woken up and they aren't going back to sleep. That leaves Idaho Falls' elected and appointed leadership with a choice: Either change, or be changed.

Corey Taule asked the city to ‘Give it to us straight’ concerning the north loop project.  The Alliance for Property Rights is delighted to provide the truth of the issue.    Mr. Taule implied land owners were being stubborn.  Taking necessary actions to protect property from an illegal threat imposed by a government entity does not qualify as “Stubborn”.   It simply corrects the misnomer that city government is above the law.   The work of the Alliance protected not only our rights but the rights of all residents of this community and great State.    APR‘s actions in no way disrespect the need for power in the future.  APR simply brings to the attention of the City officials that other legal routes must be investigated for the purpose of distributing power to the citizens of this community.

 Judge Winmill issued an indisputable Summary Judgment enforcing the Idaho constitution wherein the legislature of the State of Idaho has not granted municipalities the authority to condemn property outside of the City service area for power transmission lines.  To do so would allow any municipality the right to condemn property anywhere outside of a municipality’s jurisdiction which would be, to say the least, an abusive power to allow. 

 APR made numerous attempts to avoid legal action with the City; however the City was poised to violate the law which left the Alliance with little choice in the matter other than to defend the constitutional rights granted to citizens of this community and the State of Idaho.

Yes,  Mr. Taule, it is time for the city to explain why power distribution cannot be accomplished legally within the city limits of Idaho Falls.  Will the City administration now investigate other less costly and more beneficial power options to satisfy electrical needs for the residents of the City of Idaho Falls?  Will the use of intimidation and the vain pursuit of the proposed North Loop project cease?   Will the insanity of spending tax payer’s money foolishly on a route that is not available stop?  

 Remind your city leaders to be fiscally responsible with public tax dollars and find an alternate and legal solution for power transmission.   There are other options available, elected leaders should direct the manager of Idaho Falls power to find these legal and more cost effective alternatives. 

For further information and insight regarding the Alliance for Property Rights and Fiscal Responsibility go to; allianceforpropertyrights.blogspot.com.    You will be enlightened.

Corey Taule, writer for the post register, wrote an editorial on September 16th concerning the north loop project.    His information was misleading and seemed biased.   Let me correct some of the statements that Mr. Taule made. 

• The case was actually ruled on in Federal Court not district court as Taule wrote.  The city requested the case be heard in Federal Court because they were afraid of a local hearing.
• The 18 mile loop was conceived in 1973 not in 2007 as Mr. Taule incorrectly states.  The 2007 study only rubber stamped the study that was done nearly four decades ago.  The city is using old data and has refused to find a legal way to construct the line.
• Taule seems hopeful that a liberal 9th district court of appeals will side with the city.  Do we really want the liberal 9th circuit dictating policy for Idaho Falls.  Many at the post register are of that mind set but most Idaho natives are not.  An appeal by the city will be more money wasted.  The decision was a summary judgement based on the law. 
• There are only two substations in the equation, the third has not yet been built
• The city can remedy its power problems with internal transmission.  Mr. Taule has done no research to understand that. 
• Mr. Taule states that "no matter what the courts decide and no matter how stubborn west side property owners are" the line should be built.  I am sorry Mr. Taule, we live by the rule of law.  If it is illegal to condemn property to build the line and if there are no willing sellers the city will need to find a legal solution.   

It is time for the city of Idaho Falls to accept the consequences of their illegal actions.  Find another alternative that is legal and justifiable. 

The mismanagement of the so called North Loop project is a large example of the chaos that is happening within Idaho Falls city government.  We have seen recently  that Idaho Falls is having serious budget problems due to overspending and foolish projects.  The automatic solution of the city council is to raise taxes.  Fortunately there was an immediate outcry by Idaho Falls citizens which stopped talk of raising taxes for the moment.  Then we also learn that council members are developing strategy behind closed doors, blatantly defying open meeting laws.  Now we have also been advised that the long time city legal representative has resigned.  This chaos must end.

The north loop project was the result of a 1973 study by a Boise consulting firm that has never been seriously updated.  There are other ways to accomplish the needed transfer of power from the South sub-station to the sugar mill station.  Additional load could be added to the existing south loop, internal transmission is a option, a new line could be brought in from the west sub-station enlarged for the Ariva project.  There are many other options, unfortunately the Idaho Falls electrical division has been focused on an outdated recommendation and has not looked for other alternatives.  Now it is time to look. 

It is shameful that Idaho Falls has spent so much money in preparation for a transmission line which may not be built.  They have even gone to the extent of purchasing a home on the corner of 35th west and 33rd north.  This home now must be razed per the contract with the home owner.  What a terrible loss of money to taxpayers if the transmission line does not go through.  Remember, a federal judge just ruled that the city may not build this line without willing sellers.  The city will not get willing sellers for the remainder of the route.

Enough is enough, it is time for Idaho Falls to get control of this chaos.  Call your city leaders and advise them that they must become more responsible and return Idaho Falls to the friendly and prosperous city it once was. If they will not do that, it will be time for a change of leaders. 

The decision is in and APR has won a landmark case protecting property rights.  Today the decision of Judge Winmill regarding the summary judgement asked for by The Alliance for Property Rights was made and filed.  Federal Court Judge Winmill awarded the decision to APR and all members of the alliance.  This decision says that the city of Idaho Falls cannot go outside of it's impact area to condemn property.   The Judge reasoned that it would not be right to place the burden of a transmission line upon the backs of residents who will not receive any benefit from the line. 

We are not surprised by this decision.  We believed from the beginning that the city of Idaho Falls was going beyond it's legal authority as it threatened to condemn our property.  Let this be a message to all that the justice system does work and we, as private property owners, are still protected from government taking. 

We are hopeful now that the city will choose one of the other available alternatives to satisfy it power demands.  Unfortunately there has been a tremendous amount of money spent on this case and now it is clear that those costs will be passed onto the city tax payers and rate payers.  We, at APR, warned the city leaders about this consequence.  Now, at a time when the city is already having budget problems, this unnecessary expense will further raise our taxes.

Please support our cause by contacting us at;  protect.property.rights@gmail.com