Real Estate & Property Law

Environmental Opposition to Development

By Alan Ackerman

Shelby County Reporter   

"The Alabama Rivers Alliance asks that the planning commission recommend that the city council reject the proposal to undertake rezoning which would allow White Rock Quarries to engage in mining activities within the town limits. If allowed, this Quarry will have adverse impacts on the Coosa River (including the structural integrity of the Logan Martin Dam), the Spring Creek Tributary of the Coosa River, the groundwater on which the citizens of Vincent and Shelby county rely, as well as the established property rights of the neighboring landowners. Formed in 1997, the Alabama Rivers Alliance is Alabama's statewide nonprofit river-protection organization. Our mission is to protect Alabama's rivers through water quality and quantity policy advocacy, grassroots organizing, and the providing of information to citizens in order to achieve clean and healthy watershed ecosystems, healthy people, strong economies, and a functioning democratic system of government in Alabama. Approving this rezoning would effectively sanction an unavoidable infringement of the rights of the town's citizens to the peaceful enjoyment of their property.

In light of the direction of the Alabama State Legislature and judicial system, the Vincent City Council needs to thoughtfully consider whether it wishes to take an action that seems to be so clearly at odds with the established state law and policy. We therefore request that this commission recommend that the city council reject this request for rezoning."     
    

The Shelby County Reporter letter to the editor is a recitation of issues of those concerned with mineral development and how it may interfere with natural resources of riparian rights and ground water.  The objection provided by Mr. Bartlett in the letter to the editor is a fine recitation of an environmental position.  Also, it is noteworthy how the letter concludes that the legislature should be reviewing the issue.

Full post as published by National Eminent Domain Blog on February 10, 2010 (boomark / email).