Friends of the Yamhelas-Westsider Trail in Yamhill County, a project that the courts have decided does not comply with various laws, are circulating a petition to support an illegal action. These are good citizens who are continually misled and not informed of relevant factors by selfish interests, elected idealists and senior County staff interested in their personal power. Sowing the seeds of resentment and evoking divisive emotions distracts from rational thought causing animosity among neighbors.

Petition statements are corrected below.

"Commissioners are doing a favor for a small, well-funded group."
Commissioners are recognizing the County has wasted huge dollars pursuing a project deemed illegal on four occasions by LUBA. They have stopped that continued law breaking and financial waste by officials.

"Stopping the Trail could cause the County to repay $3 million."
$3 million is a wild guess intended to stampede decision makers. Omitted is a discussion of who authorized the illegal expenditures. ODOT was compliant in facilitating the illegal expenditures. The amount to repay and terms of repayment are negotiable.

Not having a trail to maintain, police, need fire protection, emergency services and require legal costs from litigating liability claims conservatively saves the County $150k/year perpetually. The savings far exceed even the “wild guess” largest claimed financial liabilities.

"A sale would funnel money out of the County."
A lease or sale to adjacent land owners would keep everything in Yamhill County. It would allow more agriculture on acres now idled, enhancing Yamhill County’s economy and largest primary industry.

"The Trail is not illegal because on one occasion the Land Use Board of Appeals did not fully rebuke the County."
The Trail is illegal because it cannot pass an Agriculture Impact Study showing no harm to existing farm practices. Failure to pass the Study results in no Conditional Use Permit and makes a Trail operation impossible. The plaintiffs were awarded attorney’s fees in the case of a Stay on Construction. Fees are only awarded if the plaintiff is correct on all of several counts. The County was wrong on all counts.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

"The Masterplan will answer many LUBA questions."
The Masterplan cannot change the requirement for a Conditional Use Permit. It will not change LUBA’s ruling. You don’t build something and then draw up the plans afterward. The Masterplan was a ruse.

"This is not a property rights issue because the Right of Way was owned by the railroad for 150 years."
Land use laws have changed since 1872 when the farmers were forced to sell to the railroad. The transport of commerce has changed since 1872. Now farmers have property rights equal to those of the railroad. This issue is at the core of individual and private property rights.

Cyclists can access over 200 very safe and scenic public and private bike paths in Oregon. Those facilities are already built and maintained. They offer cycling opportunities for all ages and skill levels. Cyclists can discover a beautiful state for themselves and their families by taking some initiative, or not.


--Tom Hammer

Post Date: 2021-04-17 12:28:30

Last Update: 2021-04-18 19:01:00