Most people currently living in the Bitterroot remember when the Murrah Federal Building was blown up by home-grown terrorists associated with the militia movement of the early 90s. But I’m discovering with some dismay that not everyone living here now remembers the events and rhetoric leading up to our own dangerous militia flare-up during that same period, when locals claiming to be fed up with ‘oppressive government regulation’ and, justifying their actions with truncated readings of the Constitution and the Bible, threatened to carry out violent acts and came close to fulfilling them. After months of threats and standoffs, for example, and on the very same day of the terrorist attack in Oklahoma City, a Ravalli County planner received a death threat. Just the day before that, the Ravalli County Courthouse received a bomb threat of its own. These are just two of many, many other incidents of the extreme intimidation aimed at our local government in those days.

These days the residents of this county, including many among us who have only been here a short time, are stumbling along trying to get a grip on huge issues--uncontrolled growth and global warming—and once again there continues to be threatening behavior at public meetings. The planning staff was threatened with a lynching in the latest case, and the Bitterroot Human Rights Alliance once again feels compelled to step forward and remind everybody that this kind of behavior is obviously unacceptable.

Toward that end we had a meeting with our commissioners Monday, March 17, expressing our support for them as public officials, and that we support their implementing to the fullest the policies already in place that deal with threats at public meetings. We support their documenting and reporting the more egregious infractions so that those policies can be applied, even if the perpetrator claims he/she wasn’t serious. We also wanted to ask them to identify the perpetrators and where the infractions are coming from, which would simply mean acknowledging what we all know: that this behavior is coming, once again, from the anti-regulation, anti-government and anti-environmentalist quarters it has traditionally come from around here.

Certainly we can’t and shouldn’t tar everyone who disagrees with zoning or wilderness designation as being potentially violent, and that’s not what we asked. But we can, as a broader community, stop making excuses for the hotheads, and ask our leaders to do the same. The sense of entitlement felt by those making public threats today is the same sense of entitlement that led up to the ugly events of the mid-90s. We all enable it by not speaking up when it so blatantly occurs, and so we’re all responsible for asking ourselves two simple questions in regard to these publicly-sponsored events: what would any schoolteacher in this valley do if such rude behavior were displayed in their classroom? And why do we as a community tolerate this escalating bad behavior from one side but not the other? What, for instance, would have happened to, say, an environmentalist who made similar threats—even if just under his breath—at a public meeting?

Ultimately, of course, there is no legal or even formal solution, because the bulk of these rude infractions occur, as we all know, outside the confines of official meetings. So what I as an individual am asking is for people to open up their minds to a different story than the ones that are so agitating them now--the story about the rugged (white male) individualist being threatened by an oppressive government for example--because this is ultimately a problem of bias and people, being story-based critters, base their biases on stories. How about considering the tale of a conservationist who’s lived in Montana almost thirty years, worked long and hard in the woods for short pay, joined the Navy during the Vietnam War and has pioneer ancestors going back to the pilgrims, including a great-grandfather who was stationed in this territory with his Cavalry unit during the Civil War? That’s just my story, and most other progressive-minded folks I know here have similar ones. Let’s give each other a break, in other words, and listen to each other.

That said, we don’t think public conflict in the Bitterroot has sunk to the levels we experienced here in 1994-95. But all the elements are in place for a repeat-performance: a downturned economy, vociferous groups implying that environmentalists are responsible for future forest fires, and rancorous and uncivil behavior at public functions where the peoples’ business is carried out. Last time it was spotted owls, the Brady Bill and Ruby Ridge. This time it’s Zoning, ATVs and forest fires.

The Bitterroot Human Rights Alliance was born in those first times, and we were the leading voice in uniting valley residents behind our public officials and processes being so egregiously threatened. And even though it’s not as bad—yet—we feel it’s of primary importance for someone to ask the simple questions—are we at that point again where citizens are afraid to stand up, speak out or otherwise participate in their democracy? And if so,why?

I was here in the 90s, and I remember pulling my 4-year-old son in his red Radio Flyer past the courthouse the day of the bomb threat in Hamilton, oblivious to any such danger lurking in our small, peaceful town. The lasting lesson that spoke to me loud and clear from those days was that, if you want to call this place home, you can’t let those things go.

Letters to the Editor

Don’t cave in to New World Order

Dear Editor,

I have been observing since moving here last November, the growing, escalating unrest over the Ravalli County zoning issue. Oh, how familiar this story is. I have personally watched these same processes take place in Southeast Idaho, Northern Utah, the Boise area, North Idaho and now here. The story is exactly the same - the citizens don't win. And of course this situation isn't isolated to our region, this is going on globally. A lot of you know it as the New World Order and it is run at the very top by an elite hierarchy of global planners. The methods used to set this global community up are deceit, usury, force, and reverse psychology.

The Big Planners may make you believe that you have a say and will hold all kinds of community meetings, tell you that you will have a vote and that you can even undue their decisions by petition but all of this is to no avail because the Planners have already set in stone a long time ago their agenda and to them no puny outcry from a little ole citizen or a big bunch of them, will dislodge them from their mission. They are so used to the citizen outcry that they have made a study of it and know exactly what to do to bulldoze their way through, and get exactly what they set out to do.

Agitation, threats of violence etc. also work in their favor. This is their kind of energy. This is what they expect and they know how to use it to their advantage. Violence and bloodshed is their game and has been since the beginning of humanity.

Yes, this is the same old drama played over and over again since history began and is the same energy being used in the Middle East right now. The big bully (a few at the top) wants to own everything and rule his subjects with an iron fist. When the subjects rebel this gives them a good excuse to annihilate most of them down to a sizeable and more manageable number (they're called slaves then).

You say, but what about the Constitution? I say the Constitution is all but dead because we kept voting the wrong guys into office or being so preoccupied with our own lives that we didn't vote at all and they have kept whittling away our protective freedoms until it has left the Constitution an impotent piece of paper as far as the Globalists are concerned.

Freedom takes conscientious vigilance. It takes a love and devotion outside of our own personal self interest to the good and welfare of all, a sense of duty and devotion to each other. This stems from the energy of love. Love of God, ourselves, our neighbors and our country.

Now that we are in this mess, is all lost? The answer is a resounding NO! It is now time to step up and do the right thing. We do have power but it isn't by buying into the globalist energy of deceit, force and disdain for its subjects by countering with hatred and resentment, or going to meetings that further entrap us. But it is time to hold our own meetings and in the energy of love and devotion for the welfare and highest good of all, even to loving our globalist brothers, set about turning this around and making of this beautiful, beloved Bitterroot Valley a place that will be than example and envy of all who watch us make this happen. God is on our side and will help us in incredible ways but He won't do it for us.

I would be happy to host the first meeting if there is any interest. I am only one, I can't do everything but I can do something and by the grace of God I will! Want to join me? The power to heal our world is in our hands.

Pat Bowen
Stevensville

Truth about conservation easements

Dear Editor,

Conservation easements are a hot topic. There is no shortage of opinion and some folks aren’t shy about voicing those opinions. I read newspaper editorials every day and believe, without a doubt, that the editorial forum remains one of the strongest bastions of America’s defense of free speech. I enjoy reading opinions reflecting philosophical beliefs or personal values, particularly when those opinions are supported with accurate facts, and the key word here, is accurate. Sometimes a letter is written and supported by inaccurate information. These letters are difficult to read, particularly when the writer concludes with statements of proclaimed truth based on the bad information. There have been a number of poorly informed comments concerning conservation easements in past letters to the editor, which has compelled me to respond and set the record straight.

Before continuing, let me introduce myself. I am the new western manager of the Montana Land Reliance (MLR), a statewide private land trust dedicated to preserving open space. My background includes 10 years of experience in the field of geology and nearly 20 years managing my family farm in Bigfork. In addition, I have worked the past 8 years for MLR as a land steward, monitoring approximately 50 conservation easements in northwestern Montana. Finally, my family, with the assistance of MLR, has permanently protected two pieces of our own property with conservation easements. These experiences will assist me in my new responsibilities as western manager which include, among other duties, both public education and outreach, as well as assisting private landowners achieve their conservation goals in planning the long term use of their property. This experience also allows me to address a couple of false claims made in past editorials.

The first false claim I’ll address, is that land held under a conservation easement is taken off the tax roll, requiring the remaining land owners to make up the difference in revenue. This claim is wrong. State law, under Montana Code, 76-6-208 prohibits land held under easement from being taxed in a lower property tax classification. As a land owner with a conservation easement, I would be happy to show anyone interested, my property tax bill. I get my bill from the county department of revenue, like every other land owner, every year, and have to pay it. Now, my family’s land is assessed as agricultural land, and it will stay that way. Because of the language in the easement, our land will never be subdivided and can grow any crop except a crop of houses. The county department of revenue reviews each new conservation easement and the appraised taxable value is based on the language defined in each easement. The bottom line is, my family owns land with a conservation easement and we pay property tax.

The second false claim is much more alarming and one I’ve heard repeated numerous times. It states that if a land trust purchases, in fee title, a piece of property which contains a conservation easement held by the land trust, the land trust can extinguish the easement and do anything with the property including subdividing it. This claim is also wrong. It’s against the law and cannot happen. Last year the MLR pushed for the passage of Senate Bill No. 317. This bill, which was passed and signed into law, clarifies a land trust’s relationship to property which an easement is attached, or more specifically, with respect to extinguishment of the easement on that property. Senate Bill 317 amended the Montana Code making any attempt to extinguish an easement by taking fee title to the land the easement is attached, illegal. MLR helped introduce and supported Senate Bill 317 because it strengthens and clearly defines MLR’s relationship with land owners in both our efforts to protect space. A land trust is a partner with the land owner. Its job is to respect the original intentions of the land owner and insure those intentions are honored through time.

Over the years I’ve heard both criticism of, and acclaim for, conservation easements. In fact all conservation easements are unique and therefore like anything else, whether you’re talking about doctors, teachers, or roads and bridges; there are good ones and bad ones. An easement is only as good as the words written in the recorded document. An individual can be philosophically in favor or opposed to the conservation easements, but opinions should be based on accurate facts. So in closing, when talking about conservation easements, get the facts straight. Don’t criticize an easement until you’ve read the easement language. Ensure you make good sense by using accurate information. Call the county department of revenue for tax questions. For legal questions concerning easements, log on to www.leg.mt.gov. For any questions call The Montana Land Reliance at 837-2178.

Mark Schiltz, Western Manager
Montana Land Reliance

All our choices impact future generations

Dear Editor,

In a letter appearing in the February 27th Bitterroot Star, your reader presented some unfortunate mistruths regarding conservation easements placed on private property.

Ten years ago I placed a conservation easement on our ranch in the Missoula Valley. It has been in my family for seventy years and much of the acreage includes Prime Farmland designated by the USDA. Those of us who farm these soils appreciate the USDA recommendation that “individuals must encourage and facilitate the wise use of our Nation’s prime farmland. Such land is a national treasure to be preserved for use by future generations to produce the food crops needed to sustain our ever-increasing population. As my parents before me, I have watched with apprehension as acre after acre of this limited valuable resource in the Missoula Valley has been lost forever by encroaching development.

By protecting our land in a conservation easement, we protect this irreplaceable resource for agriculture. Other landowners use conservation easements to protect clean water, important wildlife habitat, scenic open space, or in some cases even create special public recreational opportunities. But regardless of the conservation values, with any easement the owner dictates the terms of the agreement with the cooperating land trust. The ownership in the property remains unchanged. I continue my agricultural activities. Like other private property, I continue to pay county taxes. The government is not involved nor will they be involved in the future ownership or management of my property. The land trust ensures that the land being protected has appropriate conservation value to be so designated. And the land trust monitors the land on a yearly basis simply to ensure that I, and future owners, honor this agreement.

Government at all levels is legally restricted in its ability to designate private land as open space. A voluntary conservation easement is a way for concerned landowners to protect valuable natural resources on their property not only for successive owners, but for the general public who will continue to benefit from the irreplaceable products generated by the continued productivity of this valuable land. Land trusts exist to facilitate landowners in exercising this option. While it is true that this agreement is made in perpetuity, subdividing and developing also have perpetual consequences on future generations. I have spent the last seven years doing volunteer work with a local land trust in assisting landowners in considering easements as a way to protect the land on which they work and love. It has been one of the most rewarding experiences of my life. And although my life won’t last forever, I am proud to know that I am helping ensure that Montana’s natural and agricultural heritage just might.

Jim Cusker, Missoula Valley Farmer and
President, Five Valleys Land Trust

He’s a senator, not a scientist

Dear Editor,

On the morning of Tuesday, March 11th, I stood with my jaw agape, exposing half chewed breakfast cereal to my radio. Montana Senator Jim Shockley of Victor was being interviewed about Global Warming and began by saying “I'm a lawyer and a legislator...” and how he therefore knows when “we're getting propaganda, and not science.” The Senator then demonstrated how much he knows about propaganda, and how little about science.

For starters, he stated, “There is a correlation between the temperature rise and the CO2. They're both going up, [but] that doesn't necessarily mean causation” and he's absolutely right. The correlation of world temperature and carbon dioxide levels does not alone prove causation. That is why an enormous number of scientists have studied this issue, conducted difficult experiments, and published lengthy reports of their results. UM's own Professor Steve Running was recognized as a co-recipient of the Nobel Prize last October for his contributions to this ongoing effort. Senator Shockley fails to mention any of this.

The Senator then rhetorically asks us why global warming “didn't really manifest itself until the 90's?” Apparently the Senator is unaware that way back in 1949, the Nebraska State Journal reported that, “Human beings may have created world-wide warmer weather over the past 60 years by stripping land of forests and by burning ever increasing amounts of coal and oil” referencing a report by Professor G.S. Callendar of the Royal Meteorological Society. If global warming didn't manifest itself until the 90's, how were scientists already publishing papers about it in the 40's?

Next, Mr. Shockley asks about a “cold period at mid century when the temperature should have been going up.” No climatologist has ever claimed that world temperatures are increasing along a linear scale. Senator Shockley, however, would like us to believe that is what the scientists are claiming, and that any downward blip is proof that global warming is an elaborate global hoax jointly concocted by every living scientist.

Senator Shockley claimed to be a “lawyer and a legislator,” not a climatologist, and clearly demonstrated his lack of knowledge and understanding of climate change. If the Senator expects people to take him seriously on matters of law and legislation, he would be wise to take climatologists seriously on matters of global warming.

Jon Garvin
Missoula

Being sued into the Stone Age

Dear Editor,

If you’re curious how 16 developers could successfully sue Ravalli County into the Stone Age, you need not look any further than our own valley’s state legislators, especially Senator Rick Laible.

In fact, if we could blame one person for the devastation of our County Planning Department, and the near complete evisceration of our efforts to protect our valley from over-development, Rick Laible would be your man.

On April 19, 2005, Laible’s Senate Bill 110 was passed into law, providing the legal avenues for these developers to bring suit, because we were late reviewing their massive subdivisions within the 60-day review period, which used to be (a reasonable) 180 days. Despite efforts to overturn SB 110 in both the House and Senate of Montana, our split government makes this nearly impossible, because it takes a two-thirds majority to overturn it.

And just who carried the law that reduced subdivision review periods to this impossible 60 day limit – you got it – none other than Mr. Laible himself.

In fact, Mr. Laible, Mr. Lake and other local legislators have spent the great majority of their time in Helena undoing the very work that our citizens have been completing here at home, in our noble efforts to channel development into an acceptable form and amount, something that we have all stated we want, in three countywide elections.

But of course, how many times have we heard Commissioners Thompson and Chilcott, and their buddies in the development industry, bemoan the results of those three elections, claiming that not enough people actually voted to make the results valid? I’ve heard it so much it makes me gag. In fact, just tonight I heard a realtor make the same asinine statement at a CPC countywide zoning meeting, which is what motivated me to write this letter.

What they really mean is that elections are only valid when they go in their direction; otherwise it’s just a vast conspiracy by a minority of Ravalli County citizens bent on the destruction of everyone’s private property rights, which is as untrue as it was on November 7, 2006, when we approved the 1 house per 2 acre Interim Zoning Initiative (I thank God and Phil Taylor for that one); that laid the tracks for the current, countywide zoning effort.

And, to any outside observer, when our previous Commission of Lyons, Thompson and Chilcott “settled” with these 16 developers on the very day that we were electing a new Commission, one that would likely follow a different path, favorable to the citizens, it became blatantly clear that all of these elected officials have been working for the development lobby their entire careers and we have been paying them to do so. If that’s not the definition of “broken government,” then I must admit that I can’t even conceive what broken government means.

Less than a month ago, the Ravalli Republic wrote an article about how our County Attorney George Corn (and our brave Clerk and Recorder, Regina Plettenberg) successfully fended off a draconian effort to have condominiums exempt from subdivision review. If George had lost his case, all 16 housing developers would have simply changed the name on their subdivision applications to “condominiums,” preventing our local government from exercising any control over their projects whatsoever. By the summer of 2008, we would have had hundreds upon hundreds of condos under construction right in our backyards and we would have had no legal recourse whatsoever. Thank you, George and Regina!

And if you really think that Senator Laible is protecting the Constitution and the “average citizen,” think again. Laible’s Senate Bill 110 would have removed the rights of renters to vote on annexation of the community where they lived, even though their rent goes to the landowner to buy land (and other property). Both U.S. and Montana Supreme Courts have ruled on this issue more than once, stating that to deny renters the same rights as landowners is blatantly unconstitutional. It’s also the reason why our ancestors left Europe and fought a Revolutionary War, 250 years ago. Missoula City Attorney Jim Nugent caught Senator Laible with his hand in the Constitutional cookie jar (this time) and stopped him from violating it.

Unfortunately for us, their aren’t enough Jim Nugents in the world to keep an eye on politicians like Laible and he has managed to pass many unconstitutional state regulations, for the benefit of developers, that have never been challenged to the Montana Supreme Court. Our current Commission is dealing with many of his “laws” on a daily basis and these unconstitutional laws are the reason why we are losing the battle over out-of-control development, right now.

If our local government wants to stop this illegal attack on our constitutional rights to protect ourselves, then they only need to challenge Laible’s Senate Bill 110 (now state law), to the Montana Supreme Court, an effort that would be supported by thousands of our fellow citizens.

We really have no choice in the matter – if we don’t do this, then we might as well accept defeat and go about our business, which for some of us will mean packing our bags and heading to Wisdom - mosquitoes, gophers, arctic temperatures and all.

Sleeping with the enemy is one thing; paying the enemy to gut-shoot you in Helena is a whole separate matter.

Chris Linkenhoker
Corvallis

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