August 2001

By James Lawlor

Oregon: SLAPP bill signed. Gov. John Kitzhaber in late June signed into law a bill providing for speedy dismissal of "strategic lawsuits against public participation." SLAPP suits commonly respond to claims made in connection with an issue that is being debated by a government body or in some other public forum.

H.B. 2460 directs trial courts to grant defendants' motions to dismiss the suits unless plaintiffs can establish a probability of prevailing. If defendants prevail, they may be awarded reasonable attorney fees and costs. However, if the court finds the motion was frivolous or intended only to delay proceedings, the plaintiff must be reimbursed for costs and fees. The bill does not apply to suits brought by the state attorney general, district attorneys, county counsels, or city attorneys acting in their official capacity.

In written testimony, chapter vice president Mitch Rohse, AICP, noted that the chapter had been working for three years to regulate SLAPP suits and that H.B. 2460 was number one on its legislative priority list. "Even a single SLAPP suit," he wrote, "or the threat of one, can stifle citizen involvement in an entire community."

In May, the house passed H.B. 3026, which would permit schools to be located outside urban growth boundaries on land designated for farm use. The chapter testified against the bill, noting that it would provide an almost irresistible temptation for school districts to acquire cheap farmland in order to avoid site acquisition costs. The measure is currently in a senate committee.

The chapter also is keeping tabs on a takings bill introduced May 30. H.B. 3998 calls for using transferable development credits or cash payments to compensate landowners for the impact of state and local land-use regulations. Testifying before a special house committee on regulatory fairness in March, Rohse spoke of the need for objective information on the nature and extent of the regulatory takings problem and on the costs of administering a compensation system.

Florida: Transportation veto. In June, Gov. Jeb Bush killed an omnibus transportation bill. In his veto message, the governor said the measure, CS/HB 1053, which contained more than 200 changes to state law and affected at least two state agencies, violated the state constitution's requirement that legislation encompass a single subject.

At least two of the bill's provisions were objectionable to the chapter, reports executive director Marcia Elder. One provision would have restricted the ability of local governments to regulate outdoor advertising. Another would have exempted certain petroleum storage facilities from the development of regional impact review (DRI) process.

In other action, the governor approved H.B. 489, which creates and funds a commission to study high-speed rail systems.

North Carolina: Smart growth bills languish. Legislation to promote smart growth has not made much progress so far in this year's session, but the chapter's education program is progressing on schedule, legislative chair Ben Hitchings reports.

Chapter members make regular presentations on smart growth to audiences of public officials, planning boards, civic organizations, and the general public. Surveys taken by the chapter indicate that growth and development are issues of major concern.

Respondents also indicated that they agree with the smart growth principles advocated by the chapter. They include: building walkable communities, investing in existing neighborhoods and infrastructure, creating more transportation choices, preserving rural heritage and green space, ensuring affordable housing, promoting regional cooperation, and building disaster-resilient communities.

This spring, the legislative heads of a smart growth commission established last year introduced bills that would implement some of the commission's findings. Sen. Howard Lee proposed two bills. S. 717 would create a smaller working group to consider implementation of the commission's recommendations. S. 777 would clarify local governments' authority to implement a smart growth program and a system of transferable development rights.

Rep. Joe Hackney introduced H. 1226, which would require local governments in areas that do not meet air quality standards to develop plans to alleviate the problem, and H. 1344, which would require local governments to notify nearby localities when a development of regional impact is being considered.