- To free private property from unreasonable government regulation.
- To work for responsible wildlife habitat protection and for conservation of natural resources.
- To support those who defend the rights guaranteed to owners of private property by the U.S. and Washington State Constitutions.
KITSAP ALLIANCE OF PROPERTY OWNERS (KAPO) objects to the 2016 Kitsap County Comprehensive Plan for the following reasons:
- Lack of an interactive plan development process with citizens of the county.
- Issuance of drafts of the plan documents that are undated, hard to find on the County’s website and improperly advertised.
- Inclusion of County-wide Planning Policies that have not had public scrutiny as in no prior discussion or debate about the merits of the policies.
- Inclusion of the Puget Sound Regional Council’s Vision 2040 Plan policies and provisions and Transportation 2040 Plan policies and provisions.
- Creation of an “Urban Center’ classification of Silverdale without prior discussion with the County residents at large of the implications for such classification on the rest of Kitsap County.
- Creation of Title 17 (Zoning Ordinance) amendments that have had no vetting with the public other than introductory categories.
- Refinement I update to the “Reasonable Measures” Appendix E of the Buildable Lands Report without proper notice to the citizens of Kitsap County or allowance for timely review and discussion prior to Public hearing consideration by the Kitsap County Planning Commission.
- Formula based planning that is in fact “growth control” planning and a “top down” process designed by the arrogance of government to minimize the individual citizen.
“ Administrative Law and Your Rights as Property Owners”
Our Federal and State Constitution require all laws be voted on by Congress or the Legislature. Our County Government is using Administrative Law to regulate and enforce current and proposed future regulations that may directly affect you, the property owner. These rules and regulations are written by unelected county employees to benefit their own agency agendas or the County Departments themselves! Is this even legal?
Learn how these Administrative rules and regulations written by unelected employees of the County can ultimately cost you money! Know your Property Rights!
Adminstrative Law Town Hall Oct 2015 Presentation
Introduction to Administrative Law
The lead sentence of Article I, Section 1 of our U.S. Constitution places ALL legislative power in the Congress. That means ALL laws Federal are to be written by Congress. Article II, Section 1 of our Washington State Constitution uses the same wording, and is repeated in a 1911 amendment. Both our U.S. and State Constitutions specifically state only they are the law of the land, therefore defeating all agency lawmaking outside the Congress or Legislature.
Although strictly forbidden by the Constitution, in 1946 Congress formally delegated their law writing authority by enacting the Administrative Procedures Act. In 1988, Washington State followed suit with our State’s Administrative Procedures Act. These acts created what we now refer to as the fourth branch of government. The justification for agency law is always one of urgency and having, quote, “experts” craft the laws, which the agencies euphemistically call “rules”.
To make matters worse, in the infamous 1984 case Natural Resources Defense Fund v. Chevron, the U.S. Supreme Court directed lower courts to grant maximum deference to agency decisions.
Now “Rules” are being drafted by agency bureaucrats and all to often enforced by these same bureaucrats, and in many cases adjudicated by agency employees functioning as quasi-judicial Hearing Examiners.
This has created the practice of selecting which portions of laws the executive or agencies chose to enforce.
Under agency regulations, you no longer enjoy an independent judiciary, your right to a jury trial of your peers is prohibited, there is no right to face your accuser, there is no protection against forced self incrimination, you are presumed guilty until you can prove your innocence and you are forced to plead guilty prior to their quasi-legal proceedings. Your only route of appeal is first through their agency.
Only after you have exhausted all administrative remedies, and having already been forced to plead guilty in administrative court, are you allowed to appear in superior court and appeal through the State and Federal courts.
What Can you Do?
1.Become Informed on local issues. Go to the county website and read up on proposed county actions being worked on by DCD, planning commission, and county Commissioners.
2. Talk to your neighbors to keep them informed.
3. Attend public hearings on issues of interest and express your opinion.
4. Write letters to the planning Commission and the County Commissioners on issues important to you. Write letters to the local newspapers. Let the commissioners know how you feel and why.
5. Testify at Planning Commission and County Commissioner Hearings. The county Commissioners reserve time at each of their meetings to listen to the public.
6. Campaign for and elect officials that represent your beliefs and issues.
Get Involved and Speak out!
Who We Are
Kitsap Alliance of Property Owners is a legal corporation under the laws of the State of Washington. According to its bylaws, the purpose of the Kitsap Alliance is “to protect and preserve property rights of owners of waterfront and streamside real property and all other privately owned property.”
We welcome all individuals, groups and businesses that have an actual vested interest in private property or who are interested in property rights and/or the use and regulation of real property to the arena of discussion.