nelson sues city to recover property

8/14/2019 Nelson Sues City to Recover Property

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Nelson Sues Bainbridge to Recover Property

When the government takes private property for public benefit without paying, it is called a

“taking”. I just call it theft.

Nelson lot with

NVZ in red

When Nelson built his home on the shoreline at Crystal Springs, the City

took away the essential elements of ownership and use from 25% of hisproperty to create a Native Vegetation Zone (NVZ).

The City took away Nelson’s right to play on his lawn with his kids,plant a rose garden, build a deck, and to fence his yard to keep his

children and pets in and to exclude others from his property. These are

all normal rights and uses of private residential property.

Nelson was required to place a restriction on the title to his property,

plant native vegetation, and to post a bond to make sure the city-required

plants do not die - all for the purpose of creating an open space bufferand wildlife habitat for the public benefit.

No, this was not to mitigate the direct impacts of Nelson’s use like arequirement for stormwater management would be.

Nelson was also required to create a 30% side yard view corridor for the

public benefit and to give up his normal uses of the area - normal uses

like construction of his home or to build a garden shed.

Yes, side yards are normally required for fire separation but that is

usually 5 feet, not a percentage of the lot’s width.

Nelson is permitted a single 3-foot hand-constructed path across his ownproperty to access the beach. He can’t even have a path around his

house. There is literally one path to the beach.

NVZ• No go zone

• No chairs or planters

• No walking

• No playing

• No planting zone

• No fencing (not even pet)

Government Controlled Land

Nelson

Home

As you read this, please consider joining Nelson’s suit to freeyour property and stop government taking of private property.

House



The City of Bainbridge has taken every foot of shoreline on Bainbridge to create a 50-foot

Native Vegetation Zone and wildlife habitat zone, for Public Benefit. Even though the

regulation creating the NVZ was passed as part of the 1996 SMP, the City only enforces theNVZ when you apply for permit to build or remodel.

They do that because if the city came around and put white stakes in your shore side yard andrequired you to dig up your garden, break up your patio and stop using your own land, there

would be a revolt. So they pick people off one-at-a-time when they apply for a permit. If youdon’t believe me, just try cutting a tree or building a deck or a little cabana (unregulated garden

structure) on your waterfront yard.

No one begrudges his neighbors the quiet use and enjoyment of their property. Notice the

normal shoreline uses of Nelson’s neighbors and the disparity with the way Nelson is beingtreated. Nelson just wants his property freed from government control.

We believe all owners (including Nelson) should be able to use their property as they choose

according to the zoning, provided their use does not interfere with their neighbors’ quietenjoyment of their property.

It is illegal under the US Constitution and the Washington State Constitution for any government

to take property for a public benefit without first paying for just compensation. Certainly, the

City has taken away the beneficial use of shoreline property they classify as Native VegetationZone. Thus is a “taking” for public benefit.

RCW 82.02 prohibits any city from placing a fee or tax on the development or classification of

land. Involuntary conversion of private property from residential use to a public use (open spaceand wildlife habitat) is a tax. The Supreme Court of the State of Washington has ruled three

THE LAW



times that open space and native vegetation buffer requirements are an illegal form of taxation, if

they are not a direct mitigation of the individual use.

We were stripped of valuable property rights, taken for purposes of conferring a benefit on

the public, not to remedy some particular ill to the environment. The effect was to compel

you and the class members as property owners to donate your property for open space and

wildlife habitat to the public without compensation. We believe this violates the Washington

State Constitution and contravenes the Shoreline Management Act, so compensation is due.

Owners’ of shoreline property are now asking the City of Bainbridge Island to pay for the

property they have taken, or return it. Given the financial condition of the City, returning

the property is the most practical outcome. However, the longer it takes to decide that the

correct course of action is to return the property, the more the City will have to pay in legal

fees for the City and the plaintiffs.

Bainbridge Defense Fund will join the suit.

Please join the suit and be paid for the lost use of your property, or have your property freed

from the City’s illegal restrictions.

Some of you will be able to share the cost of the suit, as a named plaintiff or just as a contributor

to a just cause, and some of you may only be able to lend your name to the suit. No matter the

circumstance, contributor and/or plaintiff, please join the battle for our property.

Nelson has retained the best land use attorney in the state, Dennis Reynolds and has expended a

fair amount of his own money on this groundwork case to protect all of our property rights fromever increasing buffers.

Did you know the City is now planning to increase the NVZ from 50 feet to 150 feet, making

every waterfront home and every yard a non-conforming use set for removal over time.

This is not a time to sit on the sit on the sidelines. Join the fight now and protect your

property for your use and your children’s use.

If the case is successful, the participants should be able to recover their legal expense as part of

the settlement.

Please contact Doug Nelson at 206-391-1436 or [email protected]

or

Dennis ReynoldsDennis D. Reynolds Law Offices

200 Winslow Way West, Suite 380, Bainbridge Is., WA 98110Phone 206-780-6777

Cell 206-604-5739

[email protected]

NOTE: We particularly interested in hearing from people who are going through the

shoreline permitting process now.

mailto:[email protected]






From

Gary Tripp, Director

Bainbridge Defense Fund

Protecting Homeowners from Regulatory Abuse PO Box 11560

Bainbridge Is., WA 98110206-383-2245

[email protected]



nelson sues city to recover property

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