Wednesday, February 27, 2002
I have been following the story of a local landowner, Cherry Trautwein, here in Hood River and her property rights, or lack thereof. I have read what seems to be most of the ORS (Oregon Revised Statutes) as it refers to her particular situation, and it appears as though something is amiss. I include here a section of the ORS, that I believe most accurately answers the question of Ms. Trautwein's property rights:
ORS 358.953 Compensation to property owner deprived of lawful use of property; expense of removal: 1) Under the provisions of ORS 358.905 to 358.955, if a property owner is deprived of an otherwise lawful use of private property, the state shall compensate the property owner for the loss in value under the procedures set forth in ORS chapter 35.
2) Notwithstanding any other provision of law, if human remains, funerary objects, sacred objects or objects of cultural patrimony are removed from private property at the tribe's request, the tribe shall pay the expenses of removal and, at its expense, restore the private property to its condition prior to removal (1993 c.459 s.18).
This seems to clearly spell out provisions for remedy in the Trautwein case. My question here is then, "Why isn't someone buying the property?" It seems this case has been compounded with unnecessary complexities. If such travesties can happen to one resident, what is there to prevent such misfortunes to be perpetrated upon others in the future?
It has been said that there is a difference between a bureaucrat and a leader. While a bureaucrat is focused on doing things right, the leader is focused on doing the right thing. As a concerned citizen, one for another, it is my hope in submitting this letter that it falls into the hands of some bureaucrat who wishes to be a leader.