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

We all continue to wait for a decision from Judge Winmill.  While we wait let us all reflect.
Yesterday evening, at the Idaho Falls city council meeting, the budget was discussed.  It appears that Idaho Falls is having some budget overruns and it is clear that cuts to some services or additional tax and rate increases will be needed.  One year ago an Idaho Falls attorney asked Mike Lehto in a city council meeting, how they would pay for the additional expense of a law suite to fight the challenge from APR on the north loop.  Councilman Lehto replied that he would get back to him with that answer.  That answer never came and we are now past all the legal arguments and the hearing.  Both sides have spent tens of thousands of dollars fighting an issue which stems from a city government overstepping their legal authority.  Callously trampling the property rights of citizens who have nothing to gain from their loss of property.  These city leaders on our city council who have been arrogantly supporting this loop without considering the consequences should and will be replaced when rate payers and tax payers of the city realize the unnecessary loss of money. 

Judge Winmill heard both sides argue their points this morning regarding the proposed power loop. The Alliance for Property Rights had 41 people attend the hearing filling our side of the court room. It seemed that the Judge had a difficult time with the points the city was making and accepted our position well.   Judge Winmill at one point told the city that it did not make sense to burden property owners outside of city limits with this transmission line. 

 

The hearing seemed to go very well and we look forward to the decision this week.

--
Alliance for Property Rights

It is interesting that Idaho Falls Power has not gone to the county for a Use Permit.  The construction of transmission lines are allowed in a A1 zone but a permit is required before beginning construction.  It will be difficult for the city to satisfy all the points required for the permit if they do not have property acquired.  The city has been unethical during this entire process and now again attempting to trick land owners into giving an easement before they even have the permits necessary.  While knowing that they cannot even get the permits unless they have the property, what a scam.   All of this is happening with the blessings and knowledge of our elected officials.  It is time for a change!!