November 18th, 2006

2006 Property Rights Conference

Mark your calendars! Details to follow.

November 14th, 2006

From Christina from the Castle Coalition: Call on Congress Now to Protect Property Rights

Friends:

THIS IS IT: Congress convened its lame duck session today and has only 10 days to
pass federal eminent domain reform. As you know, H.R. 4128 - passed by the House in
October 2005 by an overwhelming vote of 376-38 - never made it out of Senate
Judiciary Committee. To avoid this logjam, Senator Inhofe introduced an identical
version of the bill in September (S. 3873), which went straight to the floor of the
Senate. Unfortunately, it faced another obstacle: Senate Majority Leader Bill Frist
refused to allow a vote on this vital legislation.

This legislation would give Congress the power to discourage eminent domain abuse by
withholding federal funds from those cities that seize private property for private
developers - like the city that tried to take Susette Kelo’s home, New London,
Conn., which received $2 million in federal funds and took eight years of her life.

Senator Frist and the entire Senate now have a second and final chance to provide
such federal protections to America’s home and small business owners. Contact
Senator Frist and your own senators TODAY and tell them to support H.R. 4128 and S.
3873.

1. Contact Senator Bill Frist at 202-224-3344
2. Contact both of your own senators (you can find their phone numbers here:
   http://www.castlecoalition.org/legislation/senators.html, or you can e-mail them
   here: https://action.popuvox.com/default.aspx?actionID=286)

IT’S NOW OR NEVER. If H.R. 4128/S. 3873 don’t pass this month, the fight for
federal eminent domain protections will have to start all over again in the new
term. It is in the Senate’s hands to decide whether the 109th Congress will be
remembered as a friend or foe to the thousands of home and small business owners,
tenants, churches and farms threatened by eminent domain nationwide.

Best,

Christina Walsh
Assistant Castle Coalition Coordinator
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
(703) 682-9320
www.ij.org
www.castlecoalition.org

November 14th, 2006

Important Information for Property Owners in Pinyon Canyon region

Time is getting closer and the sooner everyone sends their EXTENSION REQUEST letters
the better!

Please keep in mind that we need as many letters as possible requesting a 90-day
extension of public comment time to February 26, 2007 NEED TO BE SENT to the DECAM
with copies to the Army Corp of Engineers, Mobile Office and BRAC. Tom Warren
requested a 45-day extension — January 11, 2007. Not good enough. The requests
need to be sent to:

Robin Renn, NEPA Coordinator
Directorate of Environmental Compliance & Management (DECAM)
1638 Elwell Street, Building 6236
Fort Carson, Colorado 80913-4000

Copies should go to:

HQ Department of the Army
Office of the Assistant Chief of Staff for Installation Management
BRAC Division (DAIM-BD, Ms. Karen Wilson)
600 Army Pentagon (NC3/Taylor Bldg)
Washington, DC 20310-0600

U.S. Army Corps of Engineers, Mobile District
ATT: Mr Brian Peck (CESAM-PD-M)
P.O. Box 2288
Mobile, Alabama 36628-0001

PCEOC
P.O. Box 137
Kim, CO 81049

Please remember to note:

Why the current time line is not adequate and consider using other references such as:
a.. Tom Warren, Directorate of Environmental Compliance & Manaagement at Ft.
Carson, has requested a 45-day extension of public comment time to January 11,
2007. This is unacceptable as the date is too close to the holiday season to be
reasonable for a thoughtful and considered review of the DEIS.
b.. Also, as mentioned by others, please anticipate the release of the “Report to
Congress” on November 30, 2006 . This document is a result of the legislative
request from Sens. Allard and Salazar addressing some aspects of the expansion.

November 14th, 2006

from Lon of Kim, Colorado

More good news!

Commissioner Montoya has advised us that the Las Animas County Commissioners will be
adopting a resolution against the Pinon Canyon Maneuver Site expansion.

This is planned to occur at their next regular meeting on Tuesday November 21st at
9:00 am. He invites everyone that can to attend.

Lon Robertson, President
PCEOC
P.O. Box 137
Kim, CO 81049

November 8th, 2006

Post-Election Wrap Up: Voters Overwhelmingly Support Property Rights

INSTITUTE FOR JUSTICE
901 N. GLEBE ROAD SUITE 900 ARLINGTON, VA 22203 (703) 682-9320 FAX (703)
682-9321
2006 Election Wrap Up:
Voters Overwhelmingly Passed
Eminent Domain Reform

Arlington, Va. - Amid many close races in yesterday’s mid-term elections, there was
one issue an overwhelming majority of voters agreed on: the need to limit
government’s power of eminent domain following last year’s despised U.S. Supreme
Court Kelo ruling.

Eminent domain ballot measures, restricting governments from taking private property
and giving it private entities, passed by wide margins nationwide. In the eight
states with ballot measures limiting eminent domain by addressing “public use,” all
eight passed overwhelmingly. Yesterday’s election, combined with earlier reforms
passed by the states, raises to 35 the number of states that have limited eminent
domain abuse.

Voters Pass All Six Constitutional Amendments Referred by Legislatures

The strongest protection a state can offer property owners is to put it in the
constitution, and legislators referred a number of amendments to their constituents.

· With more than 85% approval, South Carolina’s constitution now specifically
prohibits municipalities from condemning private property for “the purpose or
benefit of economic development, unless the condemnation is for public use.” Also,
an individual property must now be a danger to public health and safety for it to be
designated as “blighted,” closing a loophole that enabled local governments to use
eminent domain for private use under the State’s previously broad blight definition.

· In Florida, which had been one of the worst abusers of eminent domain, government
can no longer take property for so-called “blight” removal and the newly passed
statutes prohibit localities from transferring land from one owner to another
through the use of eminent domain for 10 years-effectively eliminating condemnations
for private commercial development. After yesterday, with nearly 70% approval of
the constitutional amendment, each house of the Legislature must now pass exemptions
by a 3/5 vote.

· In Georgia, nearly 85% of the electorate voted in favor of a constitutional
amendment requiring a vote by elected officials any time eminent domain will be
used. Coupled with statutory reform, Georgia property owners are now protected from
eminent domain abuse.

· More than 80% of Michigan voters approved a proposed constitutional amendment that
prohibits “the taking of private property for transfer to a private entity for the
purpose of economic development or enhancement of tax revenues” and requires
government to prove its authority to take a piece of property for blight removal by
clear and convincing evidence.

· New Hampshire’s legislature passed both statutory reform as well as a
constitutional amendment, which was supported by more than 85% of New Hampshire
voters.

· Louisiana was the first post-Kelo constitutional amendment to restrict eminent
domain abuse, passing in September’s primary election. The amendment prohibits
local governments from condemning private property merely to generate taxes or jobs
and ensures that the State’s blight laws can only be used for the removal of a
genuine threat to public health and safety on a specific piece of property.

Voters Passed Citizen Initiatives That Solely Limit Eminent Domain

· Nevada’s constitutional amendment, which was presented to voters through a citizen
initiative and sharply limited eminent domain for private development, was affirmed
by over 60% of voters and will reappear on the 2008 ballot for final approval.

· Oregon voters overwhelmingly passed, with over 65% approval, a citizen initiative
that provides stronger property rights protections in Oregon’s statutes.

“Citizens around the nation agree that property rights must be protected in the wake
of the Kelo decision,” said Chip Mellor, president and general counsel of the
Institute for Justice, which represented the homeowners in Kelo before the U.S.
Supreme Court. “The public is right to be outraged and fearful, with such a
fundamental right left to the whim of government and the influence of wealthy
developers. The state response has been historic, but Congress needs to act and
offer federal protection as well.”

Mixed Results for Efforts Combining Eminent Domain and Regulatory Takings

· More than 65% of Arizona voters passed an initiative that restricted the
definitions of “public use” and “blight” in spite of the controversial regulatory
takings language included in the measure.

· Without a legislative session this year, North Dakota passed a constitutional
amendment through a citizen initiative that prohibits private use of property taken
though eminent domain and requires compensation for regulatory takings. The measure
passed with over 65% approval.

· Measures that sought to limit regulatory takings and eminent domain in California
and Idaho failed. Those initiatives did little to stop the type of eminent domain
abuse exemplified in Kelo. (In Washington, a measure dealing exclusively with
regulatory takings failed.)

“Where the public could vote on pure eminent domain reform, they marched to the
polls and demanded to be heard,” said Senior Attorney Scott Bullock, who argued the
Kelo case for the Institute. “An overwhelming majority of the public recognize how
a narrow majority of the Supreme Court got it wrong.”

“Yesterday’s election results highlight the nation’s complete rejection of eminent
domain for private development,” said Institute for Justice Senior Attorney Dana
Berliner. “That is why it is so surprising that the U.S. Senate leadership has
completely failed to address the issue. I hope the Senators, especially Senator
Frist, will use the few remaining days of this Congress to finish the work the House
started last year and pass reform that will protect the entire nation.”

Mellor said, “The popular backlash against Kelo remained strong. The momentum for
eminent domain reform continues - fueled by the outrage of property owners and a
nation’s concern over this onslaught on fundamental rights. Yesterday’s eminent
domain ballot measure successes are property rights victories. Other states need to
continue the push and do exactly what the U.S. Supreme Court refused to do: protect
homeowners from this abuse of government power.”

#

Christina Walsh
Assistant Castle Coalition Coordinator
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
(703) 682-9320
www.ij.org
www.castlecoalition.org