Clarifying the law
Several letters written lately are critical of a bill by Rep. Dan Scripps (HB 5319), claiming that it constitutes a theft of property in some sense. It simply clarifies present law based on our state Constitution. The Constitution states that:
(Sec. 52) "The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction."
Our law empowers -- ¦ any person" to file suit "for the protection of the air, water and other natural resources and the public trust in these resources from pollution, impairment, or destruction."
The Scripps Amendment adds:
(2) "The waters of the state, including groundwater, are held in trust by the state. The state shall protect these waters and other natural resources that are subject to the public trust for the benefit of present and future generations."
Scripps' proposed act would provide further protection for our groundwater. It prevents someone from draining a common aquifer. The state guarantees that "any person" could protect these rights because the resource is in the "public trust."
To construe this as a "takings" is really an abusive distortion of our Constitution, our law and the language of the proposed act.
Robert E. Marshall
Lake Leelanau
