#EM2021 – Candidate Question – Property Rights

I always tell my kids, “the most expensive mistakes are the ones we do not learn from.” There have been situations councils over the last 25 years have found themselves in and felt like their hands were tied, by a previous council’s decision, by not foreseeing how a situation would play out, or by constraints that the state has put on cities. The important thing is that we learn from those opportunities and improve. One of the most important ways to protect residents from predatory development behavior is to enforce the code already in place. Another important way to protect both property rights and residents is to regularly review our code and look for inconsistencies and areas that code has not yet addressed. This is an area in which we can lean on both our trained staff and our boards and commissions. We need to be intentional in giving direction to the other bodies in our city and asking them to review a certain area of concern or code and bring a recommendation to the City Council.

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There is a balance in everything we do. The benefit of having a city code is that we can hold developers to that standard. That is how we protect residents. We look to benefit the community that is why the city council represents the city in these matters.

Property rights are important, and I want to protect them. A good way to protect residents is through correct zoning and by enforcing the city code. The city needs to stand up to developers that try to get around the code and be diligent in making sure developers stick to their approved master development agreements.

Property rights are protected by the constitution of the United States and Utah’s constitution. However, the right to use the property is regulated by the zoning laws of the municipality. The predatory practices of developers is only dangerous if the municipality either does not have appropriate zoning regulation in place or the elected officials and staff are unwilling to follow those zoning regulations. They are there to protect the health safety and welfare of the citizens.

As an elected official, it is important to understand and adhere to the policies in place, while looking out for our residents’ best interests (current and future). If there is a recurring issue around predatory development behavior, or a policy is too ambiguous and needs clarification to offer more protection to residents, then as a Councilmember, I would be ready to revisit the existing policy to see if something needs to be changed/updated.

After some study this is my understanding of property rights. Property rights are constitutionally protected rights that entitle the property owner to occupy, or exclude others from occupying the property. Property rights also entitle the owner to use or enjoy the property and to control the use of others regarding the property. Lastly, the property owner has the right to sell the property. These are the rights that a property owner is granted by the constitution. Additional rules and regulations in the form of local ordinances and the Utah Land Use Development Management Act (LUDMA) exist to help define what can and can not be done by individual property owners. These rules exist in municipalities as zoning, ordinances and code requirements. These work together to protect the health, safety and general welfare of all citizens and property owners located within the local jurisdiction. It is these rules, ordinances, inspections and codes that work together to help protect those who look to purchase property with in the municipality. When each of these elements is functioning appropriately predatory development behaviors are generally less likely to occur.

I believe in protecting property rights for everyone. When developments come in, they have certain rights as property owners. Their neighbors have established property rights. When these rights conflict, we need to find a balanced solution. I don’t believe in legislating preference. I have a strong history of working with residents to understand their concerns about new development near them, and then communicating those concerns to the developer. As a council, we have worked together to find solutions that work for all parties. We have amazing residents that aren’t afraid to voice their concerns and help find solutions. Most developers are willing to work with us and our residents. When this does not happen, as a city, we fall back on our code to protect us. We can, and do, say no.