As interpreted by a majority of courts, including the Supreme Court, there has to be a total wipe out of the value of the whole parcel of land due to the regulation. A few courts have recognized that an 80-90% loss requires compensation. The courts have firmly rejected the argument that partial loss of a potential profit is a taking. The constitution does not protect the most profitable use of land, only that there be some economically viable use following the regulation. Also, the loss of value has to be over all contiguous parcels (in other words, a landowner can't single out one parcel as the basis of a lawsuit).

The reality of regulatory takings is one thing, the perception is another. Anyone who owns property has probably been annoyed (or worse) at one time or another by city, county or state regulations about what can be done with their property. So most of us may feel sympathy for landowners who can't develop their property the way they see fit. However, one of the earliest background principles of law is that landowners may not engage in activities that interfere with the use and enjoyment of neighboring properties. None of us care to have our immediate neighbors build whatever they want next door to us. Since we recognize the value of rules that govern our neighbor's behavior, we accept the same restrictions on our own. That is why the court's standard for a takings is so strict - most restrictions on land use do actually protect the value of the neighbors' property.

Now, because of rapidly changing land use patterns and increased scientific understanding of how landscapes work, we have become more aware of the underlying impacts of certain kinds of development on the use and enjoyment of neighboring properties. For example, upstream increases in impervious surface (roads, parking lots, roof tops), can be a significant contributor to downstream flooding (because if rainwater can't percolate into the soil, it flows downhill). So regulations that restrict impervious surface in upstream areas are used to protect the value of downstream properties.

Because the constitutional test for a regulatory taking is so stringent, very few landowners have actually been successful in regulatory takings lawsuits. As a result, some property rights groups have attempted getting around the courts by lobbying state legislatures to pass laws requiring compensation or negotiation if there is only as much as a 25-50% loss of value. While promoted as benefitting average homeowners, in states where the idea has been put to a public vote, the idea of restricting government's role in regulating land use has been rejected by 60 to 40 % majorities. Apparently most average homeowners do recognize that large developers and natural resource industries have the most to gain from such restrictions on government.

How can communities anticipate and deal with regulatory takings issues? 1) create realistic expectations (have an up-to-date plan supported by a master environmental document, avoid encouraging projects that are problematic, articulate new priorities, don't make predictions); 2) include variances for economic hardship; 3) identify low impact but economically viable uses; 4) emphasize fairness (avoid appearance of overreaching, arbitrariness, unresponsiveness); 5) explain and justify (bridge gap between scientific findings and ultimate decisions, document potential development impact); 6) don't approve substandard plans (don't allow severance of sensitive tracts in a parcel, don't allow severance of buffers unless perpetually agreed on and recorded); 7) use development agreements; 8) be alert to risky situations (i.e. long-standing applications); 9) consider acquisition; 10) BE INFORMED - takings rulings are rare, regulations usually maximize EVERYONEÕs property values.

For more information: Takings 101- An Introduction to Takings Law from the Institute for Local Self Government -http://www.ilsg.org/doc.asp?intParentID=128 (source of 10 tips listed above)

Bio Regional Quiz: What stream flows through downtown Columbia?

Job of the Month: Mass Community Water Watch Organizers, PIRG (Public Interest Research Group) Paid Internship, Massachusetts and New Jersey. Full-time Internship, Salary: Living stipend plus $4,725 education award. Description: Mass Community Water Watch and NJ Community Water Watch are statewide environmental programs working to solve water pollution problems by organizing hands-on service projects in communities across Massachusetts and New Jersey. Based on college campuses, organizers involve college students and community members to tackle local water quality problems and create measurable and visible results such as stream monitoring, community clean-ups, environmental education and implementation of local campaigns to restore waterways. All organizers receive in-depth training on environmental and community organizing, leadership development, water quality issues and service learning. MA Community Water Watch is a project of the MASSPIRG Ed Fund, Americorps and the MA Service Alliance. NJ Community Water Watch is a project of NJPIRG and Americorps. How To Apply: Contact: Mass: Bruce Speight at masswaterwatch@pirg.org, NJ: Allison Cairo at waterwatchonline.orgLast Day to Apply: June 1, 2003

Special Events/Classes/Programs/Talks
WILDFLOWER WALKS: Wednesdays thru May 14, 5:30- 7 pm, DevilÕs Ice Box Parking lot, Rock Bridge Memorial State Park, hiway 163 (south Providence) http://rockbridge.missouri.org/
FARMERÕS MARKET OPENING: Saturday April 5, 8 am to noon, by Rec Center at Ash and Clinkscales
DAY WITH WILDLIFE: Sunday April 6, noon to 5 pm, American Legion Post 202, WW
RALPH NADER ON WORLD TRADE AND GLOBILIZATION: Tuesday April 8, 7 pm, Westminster - Champ Auditorium. http://www.wcmo.edu/news/press_releases.asp?Node_ID=129&News_ID=1028
CLEAN UP COLUMBIA DAY: Saturday April 12, http://www.gocolumbiamo.com/Volunteer/Opportunities/clean-up_columbia.html
WILDFLOWER PLANTING: Saturday April 12, 10 am Reactor Field off Providence. http://wildones.missouri.org/calendar.html
CONSERVATION BIOLOGY SPEAKER: April 18, 4 pm, 106 Lefevre Hall. John Terborgh, Duke University, Environmental Studies. Protected Areas, How Much is Enough? sponsored by MU Conservation Biology
A DAY FOR CONSERVATION AT THE CAPITOL: Wednesday April 23, 10 am to 3pm, State Capitol, House Hearing Room 2. To RSVP call toll free:Ê 1-800-628-5333, or fax 314-727-1665 or email: jcampbell@ moenviron.org and please provide the following information:name, phone, address, organization, carpool needs and dietary restrictions. Missouri Coalition for the Environment.
CREATING A LIVEABLE COMMUNITY: A VISION FOR STORM WATER CONTROL: Saturday April 26, 9 am to 1 pm, County Commission Chambers. Tom Schueler (Director Center for Watershed Protection), Laura Loyacono (Kaufman Foundation). call 884-8333 for more information
EARTH DAY - COLUMBIA MISSOURI: Sunday April 27 Noon to 7pm, Peace Park and Downtown Columbia (rain date May 4). Street Fair, Family Activities, Music, Volunteering Opportunities. For info or to volunteer -http://columbiaearthday.org/letter.html

MU Organization Meetings and Contact Information
ENVIRONMENTAL AFFAIRS COUNCIL: Friday April 18, 3 pm, 218 Schweitzer
ENVIRONMENTAL STUDIES EXEC COM: 882-7116, Thursday, April 10, 11 am 207 Lowry
FORESTRY SEMINARS: http://www.snr.missouri.edu/forestry/schedule.html/
SOIL SCIENCE/ATMOSPHERIC SCIENCE SEMINARS: http://web.missouri.edu/~soilwww/soilsem.html
RECYCLING COMMITTEE; 882-3091, Thursday April 10, 8:30 am General Services Building
STUDENT SIERRA CLUB: 882-7116, Wednesdays 5:30 pm, 105 General Classroom Bldg

Organization Meetings and Contact Information
AUDUBON SOCIETY; 874-3904 / columbia-audubon.missouri.org Meet 3rd Wed 7:30 pm, USGS, 4200 New Haven
BONNE FEMME WATERSHED PARTNERSHIP; 874-1637 or email phoeniwolf@yahoo.com
BOONE COUNTY SMART GROWTH COALITION; http://smartgrowth.missouri.org/, 1st Wednesdays 7:15 Boone Co Govt Ctr. CHOUTEAU GROTTO; http://chouteau.missouri.org/, Meet 1st Wed, 7 pm, Community Room of the Boone Electric Coop
COLUMBIA FOOD CIRCLE; 882-7463 or email hendricksonm@missouri.edu for information.
COLUMBIA PUBLIC WORKS VOLUNTEER PROGRAMS; 874-6271 or http://www.ci.columbia.mo.us/dept/pubw/
COMMUNITY STORMWATER PROJECT: http://www.GoColumbiaMo.com/PublicWorks/StormWater/cswp.html
ENV EDUCATION WORKSHOPS AND CONFERENCES: http://www.conservation.state.mo.us/teacher/workshops/
FRIENDS OF ROCK BRIDGE STATE PARK; 474-7429 or http://rockbridge.missouri.org/ Meet 4th Tuesdays, 7 pm
GREENBELT COALITION; 442-4789 or http://greenbelt.missouri.org Meet 1st Tuesdays, 7 pm, Outdoors Bldg, 200 Old 63 S.
MISSOURI HEARTWOOD; 443-6832 or http://www.heartwood.org/MO/ Meet Tuesdays, 7:30 pm -1027 E. Walnut.
MISSOURI NATIVE PLANT SOCIETY; npshawth@hotmail.com Meet every other second Monday (Jan, Mar, May, July, Sept, Nov) at 7:00 p.m., usually at MDC Fish and Wildlife Research Center, 1110 S. College Ave., Columbia, MO.
MISSOURI RIVER COMMUNITIES NETWORK; 443-0292 or http://mrcn.missouri.org/
PEDNET COALITION; email: pednet@pednet.org or http://www.pednet.org
ROCK BRIDGE MEMORIAL STATE PARK; 449-7402 or http://rockbridge.missouri.org
SHOW ME CLEAN STREAMS COALITION; (573) 751-4115 ext 3169 or www.mostreamteam.org
SIERRA CLUB; 443-4401 or http://sierra.osage.missouri.org Meet 3rd Tuesdays 7:30 pm Hillel Foundation, 1107 University Ave
SMART GROWTH COALITION; tomvmoran@yahoo.com Meet 1st Wednesdays, 7:15 pm, Boone County Government Bldg.
WILD ONES; 499-3749 or email wildonesmo@yahoo.com, http://wildones.missouri.org Meetings 2nd Saturdays. Call for location

Answer to BioRegional Quiz: Flat Branch Creek drains the watershed that includes downtown Columbia. It is bounded by MU on the south, West Blvd on the west, Business 70 on the north, and College Ave on the east. A good deal of the downtown part of the creek is underground. Covered by streets and buildings years ago, it serves as the downtownÕs storm sewer. The main drainage emerges from undergound at Flat Branch Park at 4th and Cherry. Impacts from flash flooding caused by the high percentage of impervious surface downtown are still visible several miles downstream.