County is a creature of the state |

County is a creature of the state

Some residents in Douglas County are under the impression that county commissioners can do whatever they want.

During recent debates we’ve heard calls for a building moratorium and significant increases in impact fees to fund infrastructure.

State law is pretty stringent that the county can’t impose any fee that the Legislature hasn’t already approved.

We’ve heard some folks claim that a 3-2 vote by commissioners is insufficient to approve a master plan amendment.

While a supermajority of the planning commission is required to approve a master plan amendment, the same hasn’t been true of the county commission since 2000.

The Legislature granted them limited home rule powers in 2015, but the question remains how that works in practice. It’s possible that if the county commission voted to re-implement the supermajority, it would be legal.

We find it interesting that you can fill a room when there’s a threat to the 2nd amendment to the Constitution, but crickets chirp when someone suggests violating the 4th.

Preventing people from building a home on their property when everything else allows it, can be construed as a taking. Basically, anyone with standing can take a decision made by commissioners to court, where a judge reviews the record and the law and makes a decision, without helpful members of the public kibbitzing.