Planatlaw

“Planning is as natural to the process of success as its absence is to the process of failure.” --- Robin Seiger I just finished reading all three parts of “Where Will Growth Go?” in the Daily Post . While several things caught my attention, it was especially disconcerting to read that so many people believe the County’s Community Plan (“the Plan”) is “illegal”. What? The Plan was adopted according to law, conformed to State requirements for passage, and followed due process requirements for passage. This is a valid, official and active plan for community development, and I reject any assertion it is illegal in any way. For the Community Plan to be illegal, it must violate some statute, or violate a legally mandated procedure toward adoption. Nothing was alleged that would make the Plan illegal, and I would submit grounds for a finding of illegality do not exist. “In our profession, a plan that everyone dislikes for different reasons is a success. A plan everyone d...

Someone here in Pagosa Springs reminded me not long after I was dismissed from the County that when events turn against you; you quickly find out who your friends are. His insight proved to be true. Unfortunately, I cannot express my gratitude for those who came forward standing by me because they too may suffer negative repercussions for their noble efforts. However, I can talk about those who deserted me. A tour of our new development services offices and lunch with John Ranson were on my agenda the day I was dismissed. I cancelled. Although I have included John in several communications I thought would make him a better candidate, he has never called or sought to contact me. I like John. When I was under incredible stresses as the department was being pulled in a number of directions, John made a point in a very public way of giving me credit for my efforts. However, I have to say I was really disappointed John never took the time or made the effort to contact me over th...

“People get confused between purpose, mission statements, and vision. ‘Mission’ is basically how you execute your purpose, and “vision” is a statement of how you see the world after you've done your purpose and mission. But “purpose” is the deepest river: You start with "What difference are you trying to make?" Your tactics will change, your ads will change, your mission might too, but your purpose never will.” --- Roy Spence A new term popped up in one of the e-newsletters this past Monday morning. If not for the fact it was Tom Peters referencing this new word, I might have discounted it altogether, but since reading In Search of Excellence twenty years ago, when Tom speaks; I pay attention. He referenced “the reset economy”. The term was on a link from the article, so after finishing – I followed it to another article; this time in the Wall Street Journal talking about GE’s CEO trying to position itself for the upcoming economic recovery. ...

“I won’t be wronged, I won’t be insulted, and I won’t be laid a hand on. I don’t do these things to other people and I expect the same from them.” John Bernard Books (John Wayne in the Shootist) The esteemed editor for the Daily Post recently provided a summary statement of his past transgressions going way back. Bill chose the time, the forum, and even wrote it himself so it was phrased just right to suit his purposes. It’s possible Mr. Schmidt and Mr. Whitington would have shed light on their private lives under those same conditions and circumstances. In my case, I was not given the opportunity to explain, refute or others defend statements made about me. Character assassination is always a good way to get the upper hand in any argument, but when this community seems to almost exalt in carrying out deed by bushwhacking the victim. I guess Bill took away the possibility of being bushwhacked by getting the story out there early on his own terms. Our County Treasurer,...

Part I. The Schechter Maxim: Economics change faster than perceptions and perceptions change faster than politics. Jonathon Schechter Zoning as a concept was finally ratified by the U.S. Supreme Court in 1923 because it was a good way to stabilize property values by preventing incompatible land uses coming into close proximity, and better protect the health, safety and welfare of the public by segregating land uses. Generally, this whole thing started out separating industrial areas from residential areas, but as local economies diversified and became more mobile, more and more distinctions in land uses were made, and zoning became a very complicated means to a rather simple end. However, zoning did not solve the problem. It was apparent even before zoning that certain uses were incompatible no matter where they were so regulations and criminal laws were needed to cope with “nuisances”. I represented the Town of Crested Butte in its legal fight with AMAX Corporation over...

Bill Hudson, the face of the Daily Post, really got a rise out of me in his article Blue Sky vs. The Plan; Part Two . He concluded defining “small town character” was not possible. Not true! Not only can it be done, but this community has a duty to define itself. The fact that the Town and County have failed to establish what their respective characters are is a big reason, each boom is taking the Town and County further and further away from core values that make Pagosa Pagosa. Like John Denver, I moved to Colorado in the summer of my twenty seventh year. I grew up in a Kansas small town, and it could have been any one of a number of small towns in Kansas. They were all pretty much the same – a water tower, grain elevators, a liquor store, a grocery store and a 3.2 bar. What attracted me to Colorado was the uniqueness of the mountain communities. Breckenridge was much different from Aspen, which was much different from Vail and so on. Over the years, with growth an...

Background We started hearing about “split estates” when federal land managers started opening up more land to mineral exploration a few years ago. Although several western states sought legislation to bring order to chaos, only Wyoming passed a comprehensive law to protect surface land owners from exploitation of a separate mineral interests in 2005 (Wyoming Surface Owner Accommodation Act). This may not seem like much of a problem, but when one realizes more than 58 million acres are in split estate status across the west, the issue takes on more meaning. It’s probably accurate to say “split estates” have been around as long as man has searched for minerals, but became a way for federal government to retain value by simply reserving the mineral rights to the federal government upon a transfer to farmers, ranchers, railroads, etc, who only needed use of the surface. Official recognition of this phenomenon took place in the United States with the passage of 30 U.S.C. §8...