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Chief
05-06-2008, 04:46 AM
Via e-mail...

-----Original Message-----
> From: alert@landrights.org [mailto:alert@landrights.org]
> Sent: Monday, May 05, 2008 7:53 PM
> To: alra@landrights.org
> Subject: Corps And WA Ports Threaten Colf Family Farm With Eminent Domain
>
> Land Rights Network
> American Land Rights Association
> PO Box 400 - Battle Ground, WA 98604
> Phone: 360-687-3087 - Fax: 360-687-2973
> E-mail: alra@pacifier.com
> Web Address: http://www.landrights.org
> Legislative Office: 507 Seward Square SE - Washington, DC 20003
>
>
> Corps And WA Ports Threaten Colf Family Farm With Eminent Domain
>
> Action Items below:
>
> The Corps of Engineers is in the middle of a shipping channel dredging
> project of 106 miles of the Columbia River from its mouth to the cities of
> Portland, Oregon and Vancouver Washington.
>
> As part of the project, the Corps must mitigate damage to wetlands caused by
> the project. They have chosen to take 70% of what they need from one
> family, the Colf Family of Woodland, Washington.
>
> The Colf farming family is actively led by 91-year-old Margaret Colf.
> Nancy Colf, Margaret's daughter, is head of the Family farming operation.
>
> The Colf Family has been farming the area since 1870. They don't want to
> sell. They are farmers. They want to keep the land in agriculture. The
> Colf family is not now and never has been a willing seller. They are now
> and have continued to talk to the Corps of Engineers to discuss various
> options and solutions because the Corps has placed a gun at their head by
> threatening eminent domain.
>
> The Colf Family has been through nine years of hell dealing with the Corps
> of Engineers. The Corps is now threatening eminent domain using the
> Washington State Department of Transportation (WSDOT) to carry out their
> eminent domain threat on behalf of the Ports of Vancouver, Woodland,
> Longview and Kalama along the Columbia River. The Ports would eventually
> end up with ownership of the Colf Farm land.
>
> The Corps has identified eight other sites along the Columbia that are
> appropriate for this wetlands mitigation. There are lots of willing sellers
> of land that can be used for wetlands mitigation along the 106 mile affected
> area of the Columbia River. That does not seem to matter to the Corps.
> They have targeted the Colf Family and plan to take their land and destroy
> an active and historic family farm.
>
> The Colf Family has repeatedly offered compromise and alternate solutions.
> Often they have not been able to get the Corp or port officials to even talk
> to them.
>
> It is ironic that the Ports have lots of land that could be used for
> mitigation purposes. Those lands don't seem to count. They would rather
> destroy farmers.
>
> Agriculture is important to America. Small farms are disappearing every
> year. It is easy to see that the Corps of Engineers is part of the reason
> for this loss. They have been heavy handed and threatening in the process.
>
> It is important that every farmer and agriculture advocate stand up and
> fight for proud farm families like the Colf. It is only by farmers standing
> together and working in unison to protect farming and family agriculture
> operations is there a chance to save and protect productive family farms.
>
> Action Items -- What You Can Do:
>
> -----1. Please tape a copy of this e-mail to the front of your
> refrigerator door so you can make at least three or four calls a day, and
> send three e-mails or faxes a day.
>
> This is your refrigerator to do list.
>
> -----2. Call your Congressman and both Senators and urge them to reduce the
> budget of the Corps of Engineers. They'll have a hard time using eminent
> domain if they don't have the money. You may call any Congressman at (202)
> 225-3121. Call any Senator at (202) 224-3121.
>
> -----3. Call, fax and e-mail the local Congressman, Brian Baird (D-WA).
> Phone: (202) 225-3536. Fax: (202) 225-3478. E-mail: Andrew Dohrmann -
> andrew.dohrmann@mail.house.gov and Hilary Cain - hilary.cain@mail.house.gov.
> Vancouver Office: Phone: (360) 695-6292. Fax: (360) 695-6197. E-mail:
> kelly.love@mail.house.gov.
>
> Your message to Rep. Baird and Senators Murray and Cantwell below is that
> Congress should deny the Corps and local ports any funds to use eminent
> domain against the Colf Family Farm. All Federal funding for any of the
> Ports should be shut off. The entire Corps budget should be examined
> closely for other abuses like this one that is taking place against the
> Colfs.
>
> ALRA is informed by knowledgeable people that the Corps is doing the same
> thing to many other families that they are doing to the Colf Family. It is
> time the Corps and its officials got the credit they deserve. The Corps of
> Engineers needs to become good neighbors or get their funding cut or
> eliminated as much as possible.
>
> -----American Land Rights is interested in hearing back from anyone who
> knows of other examples of abuses and threats by the Corps against other
> farmers and landowners. ALRA wants to hear about any eminent domain actions
> by the Corps. We just need a name and location of the victims. A phone,
> fax and e-mail would also help. The more we publicize these horror stories,
> the more difficult it will be for the Corps to get money from Congress.
>
> -----4. Call and e-mail Dino Rossi, Candidate for Washington State
> Governor. Ask for Renee Maher, Coalitions Director. (425)-498-2008.
> E-mail: renee@dinorossi.com. Urge Rossi to make saving farms, agriculture
> and the Colf Family Farm an issue in the coming campaign.
>
> -----5. Call, fax and e-mail the following officials of the Corps of
> Engineers in Washington, DC.
>
> John Paul Woodley, Assistant Secretary of the Army (703) 697-8986 Fax:
> (703) 697- 7401
>
> Kathleen McGlynn (703) 697-7401 - Fax: (703) 697-7401 - E-mail:
> kathleen.mcglynn@hqda.army.mil
>
> Elwyn Darden (703) 697-8987 - E-mail: elwyn.darden@hqda.army.mil
>
> George Dunlop (Principal Deputy Assistant Secretary) (703) 675-1370 - Fax:
> (703) 697-7401 - E-mail: george.dunlop@hqda.army.mil.
>
> Kevin Edwards (703) 697-3365 - Fax: 703 697-7401 - E-mail:
> Kevin.Edwards@hqda.army.mil
>
> -----6. Corps of Engineers - Portland area, Oregon and Washington. Laura
> Hicks, Project manager. Phone: (503) 808-4703. E-mail:
> laura.l.hicks@usace.army.mil. Col. Thomas O'Donovan is in charge of the
> Corps in the Portland area and has been transferred. Hicks bears most of
> the responsibility for the abuses against the Colf family. She has been
> involved in the Columbian Dredging Project from the beginning.
>
> -----American Land Rights will alert people everywhere Col. O'Donovan goes
> in the USA about the abuse of the Colf family. Corps officials should not
> be able to abuse the rights of landowners and simply walk away. They need
> to get full credit for their actions. They need to be held responsible
> for their intimidation and threatening tactics. E-mail:
> Thomas.E.O'Donovan@usace.army.mil.
>
> -----7. Call, fax and e-mail U. S. Senator Patty Murray (D-WA). Phone:
> (202) 224-2621. Fax: (202) 224-0238. E-mail:
> carrie_desmond@murray.senate.gov. Vancouver office: Thersea Wagner -
> thersea_wagner@murray.senate.gov. Does Senator Murray support farmers and
> agriculture? She can answer by helping save the Colf family.
>
> -----8. Call, fax and e-mail U. S. Senator Maria Cantwell (D-WA). Phone
> (202) 224-3441. Fax: (202) 228-0514. E-mail:
> katie_kirking@cantwell.senate.gov. Vancouver Washington office: Bob
> Dingethal - (360) 696-7838, bob_dingethal@cantwell.senate.gov Does Senator
> Cantwell support farmers and agriculture? She too has a chance to show her
> support for agriculture and family farms by stopping the Corps and ports
> from using eminent domain on the Colf Family.
>
> -----9. Call the key officials listed below with the following Columbia
> River ports. They are going to use eminent domain against the Colf Family.
> They need to hear from you and thousands of other people that they should
> not abuse eminent domain against the Colf Farm family. They should only
> buy from the many sellers who are willing to sell.
>
> American Land Rights will be sending you more information about the ports,
> their commissioners, their election districts and what you can do to keep
> them from abusing eminent domain with the Colf family. We'll likely send
> letters to all voters residing in the port districts to get them to stop the
> abuse of eminent domain by the ports.
>
> Port of Portland:
>
> Even though the Port of Portland will not be involved in the eminent domain
> at this time, the key representative for all the Columbia River Ports in
> dealing with the Corps of Engineers and the Columbia River dredging project
> is Dianne Perry from the Port of Portland. (503) 944-7226 -
> dianne.perry@portofportland.com. She should get deluged with calls and
> e-mails.
>
> Call, fax and e-mail all the ports telling them no eminent domain, period.
> Get your friends to call also to help save the Colf family.
>
> Port of Vancouver (USA):
> Executive Director: Larry Paulson - (360) 693-3611 - Fax: (360) 735-1565
> -- E-mail: lpaulson@portvanusa.com Commissioner Brian Wolfe:c
>
> Port of Woodland:
> Executive Director: Erica Rainford - (360) 225-6555 Fax: (360) 225-6556 --
> portofwoodland@worldaccessnet.com
>
> Port of Longview:
> Executive Director: Ken O'Hallaren - (360) 425-3305 Fax: (360) 425-8650 --
> kohollaren@portoflongview.com
>
> Public Affairs: Ashley Opsahl-Scibelli - (360) 425-3305 -
> aopsahl-scibelli@portoflongview.com
>
> Port of Kalama:
> Phone: (360) 673-5017 - Fax: (360) 673-5017 - E-mail: pok@portofkalama.com
>
> Executive Director - Lanny Cawley - lannycawley@portofkalama.com
>
> Manager of Planning - Mark Wilson - markwilson@portofkalama.com
>
> -----The Ports in Washington have an agreement with the Washington State
> Department of Transportation (WSDOT) under Governor Chris Gregoire to carry
> out eminent domain on behalf of the Corps of Engineers and the Ports. You
> need to call and e-mail WSDOT at:
>
> Paula Hammond, Department of Transportation, (360) 705-7054 -
> hqcustomerservice@wsdot.wa.gov
>
> -----10. You should also call Washington State Governor Chris Gregoire
> through the following staff people: (It appears from the agreement between
> the ports and the State Department of Transportation that she supports the
> use of eminent domain to take private farmland. She has done little to head
> off the eminent domain of the Colf Farm.)
>
> Chief of Staff: (360) 902-4111 cindy.zehnder@gov.wa.gov
>
> Deputy Chief of Staff: (360) 902-0486 joyce.turner@gov.wa.gov
>
> Governor Gregoire has been told in the past that if the acquisition of the
> Colf Family Farm does not continue, it could stop the entire dredging
> project on the Columbia. That is complete nonsense. There are willing
> sellers all along the river. The Colf Family will fight every inch of the
> way in court and in Congress. The Corps and the ports will only delay the
> dredging project if they insist on destroying the historic Colf Family Farm.
>
>
> The key to success in fighting for private property rights and against an
> agency like the Corps of Engineers who is mistreating people is for all
> farmers, ranchers and people who care about agriculture to work together.
> Teamwork.
>
> By you making a few phone calls now, sending a few faxes and e-mails, you
> create the critical mass to cause Congress to consider forcing the Corps of
> Engineers to become better neighbors. You may get Congress to take away
> their funding and limit their ability to use eminent domain and cause
> trouble. So your calls really count.
>
> This is your chance to send the Corps of Engineers the message that the days
> of beating up and threatening farmers and landowners is coming to a close.
> And you can help make it happen.
>
> Your help is greatly appreciated.
>
> Chuck Cushman
> Executive Director
> American Land Rights Association
> (360) 687-3087
> ccushman@landrights.com
>
>
>
>
> -----Background:
>
> The Colf Family has farmed in the Woodland, Washington area since 1870. The
> matriarch of the family, Margaret Colf Hepola, is 91 years old and still
> active in the Colf Family Farm. The Colf Family owned land and has
> continued to add more to continue farming. They are active members of the
> Woodland and Vancouver (USA) area communities. They have never sold any
> farmland.
>
>
> Another Challenge
> By Margaret Colf Hepola
> April 1, 2008
>
> During my nine decades on this earth challenges do not seem as shocking as
> they pass through the years ---especially the latter ones.
>
> The challenge with the Columbia River Channel Deepening Project with the
> taking of our farmlands has lasted for nine years. That is quite a long
> time to be involved in a situation that cannot be settled and seems so
> unfair. Your faith in your country is somewhat shaken with the loss of
> property rights which is included in our Constitutional Rights.
>
> Two days from now on April 3, 2008, we will know the decision by the Army
> Corps of Engineers or if they are considering studying the problem more and
> will tell us later. We have studied this acquisition of land for mitigation
> very thoroughly for several months. We feel we have been very fair on the
> proposal we will present.
>
> At this time, our family will provide over 70% of the land needed for the
> whole Columbia River Dredging. We purchased this land to farm and love the
> islands in the river. We have family and historical ties with Martin Island
> which is part of the land to be taken.
>
> This situation has been very upsetting to me as it reminds me of the unhappy
> years as a small child crying myself to sleep fearing my birthplace would be
> covered with water so that a hydro-electric dam could be built.
>
> This threat started when I was five and my home was finally covered with
> water when I reached the age of 13. I did know why this had to be as it
> would provide electricity to the northwest for homes and industry.
>
> But in this proposed "taking" of land now, I cannot understand the reasoning
> of such a move. There is land at other places with owners willing to sell
> and it is not productive farm land. And why is so much land taken in one
> area and from one family?
>
> I have read and been told of how land is taken from people under the guise
> of environment. We are not the first ones to be treated in this manner. We
> can survive the taking of this land but I fear the future of this country.
> I have seen so many changes in the way our government has handled
> situations.
>
> The farmers and other landowners are the ones that realize how our rights
> are being taken from us. Another change in the population is the lack of
> taking part in our life around us and trying to make the world a better
> place to live. So many citizens do not use the privilege of voting which is
> a wonderful right given to us in this democracy.
>
> Our lives are so more complex now than in past years. We have so many more
> comforts in life than the pioneers before us. Have we had too much in these
> past three or four generations? We will find out soon after we face the
> Colonel from the U.S. Army Corps of Engineers on Thursday - we already have
> been told by a "little bird" they have made a statement they will
> "steam-roll over the top" of us.
>
>
>
> -----Editors Note: Col. Thomas O'Donovan, Portland office commander of the
> Corps of Engineers in Portland said to the Colfs that the Corps and the
> ports would begin eminent domain proceedings while they continued to
> negotiate. Some negotiations.
>
> Your immediate action is vital to stopping the ports and the Corps from
> carrying out their eminent domain against the Colf Family.
>
>
>
>
>
> If you wish to unsubscribe, reply to this e-mail with "unsubscribe" in the
> subject line. If you know of others who would like to receive these alerts,
> reply with their e-mail addresses.
>
>
> Please forward this message as widely as possible. If each recipient
> forwards this message to at least five other people, we'll reach over
> 2,000,000 recipients. So please take the time to forward this message.
>
>
>
> The Corps of Engineers has been threatening family farmers and other
> landowners for years across the country. They must be stopped. Congress
> must force them to become good neighbors.
>
> They cannot be allowed to simply run over our American freedoms on a regular
> basis as they are currently doing.
>
>
> Please make your calls, send your faxes and e-mails.

Chief
05-07-2008, 07:13 AM
I just received the News Release from the Army Corps of Engineers, dated April 14, 2008, and am posting this
link (http://www.clarkblog.org/docs/NR_CRCIP.doc?s=&showtopic=4351&view=findpost&p=28980) to it in reply to the original e-mail that went out yesterday.

From the document:

Corps adjusts mitigation plan for channel improvement project

PORTLAND, Ore. – The U.S. Army Corps of Engineers has considered a new proposal presented by the Colf family regarding the acquisition of land in Woodland, Wash. for mitigation as part of the Columbia River Channel Improvement Project.

During a meeting today, the Corps and the four Washington port sponsors reviewed the proposal presented by the Colf family on April 3, and explained what was allowable based on the public laws that each entity is bound by.

The Colf family was presented the updated appraisal for their 447-acre Martin Island property. This appraised amount could be met with cash and/or exchanged for a parcel purchased by the ports for the project in 2005, if the values are comparable.

If accepted, there will be no mitigation lands acquired for the project within Woodland Bottoms, and the Colf family would retain ownership of their 105 acre parcel in Woodland Bottoms. This change increases the Corps’ mitigation on Martin Island from 234 acres to 447 acres, and shifts the mitigation planned for Woodland Bottoms to an Oregon site.

“Martin Island is consistent with our mitigation plan. It also addresses the concerns expressed by property owners and the governor of Washington,” said Col. Tom O’Donovan, commander of the Portland District.
The Corps believes Martin Island, in its entirety, provides more ecological benefits than converting lands in Woodland Bottoms due to its existing uninhabited condition and its proximity to the Columbia River.

“The island’s connection to the river provides additional ecological benefits not possible at Woodland Bottoms,” said O’Donovan.

The Corps’ willingness to eliminate Woodland Bottoms from its mitigation plan in substitution for all of Martin Island could end nine years of discussions with the family regarding acquisition of their lands for mitigation. The Corps has planned for Martin Island and Woodland Bottoms to be part of the mitigation for the project since before the Colfs purchased the lands in 1999.

“Moving forward with Washington mitigation and continuing to advance the overall project, provides a solution that we look forward to implementing,” said Laura Hicks, project manager for the Corps. “We have come as close as we legally can in meeting the family's proposal.”
“The mitigation lands are an important and required part of the overall project. While we await the family's decision of whether they are willing sellers of their Martin Island property, we must take the proper steps to ensure the project meets its mitigation requirement,” said Hicks. “In the event the family does not accept the offer, we will have to begin the process of establishing public need and necessity and ultimately a court would decide the value for their property.”

The Corps is required to replace wildlife habitat impacts associated with the Columbia River Channel Improvement Project. Under the plan, the Corps will create more wildlife habitat than it disturbs. The mitigation work is taking place near Clatskanie, Ore., and Woodland, Wash.
The Columbia River Channel Improvement Project, now more than 50 percent complete, is a collaborative effort between the Corps and five lower river ports in Oregon and Washington to improve navigation in the Columbia River by deepening the navigation channel to accommodate the current fleet of international bulk cargo and container ships, and improve the condition of the Columbia River estuary through the completion of various environmental restoration projects.

Columbia River Channel Improvement Project fact sheet

** The Corps, the sponsor ports and the Colf family have been engaged in discussions regarding the acquisition of land designated for wildlife mitigation as part of the Columbia River Channel Improvement Project since 1999. It is hoped that these nine years of discourse will soon culminate in an equitable solution.

** Studies for the Columbia River Channel Improvement Project began in 1990. Early in the study period the Corps of Engineers notified all potentially affected landowners in the study area that their properties would be considered for disposal or mitigation as part of the federal project.

** Two properties considered for the mitigation plan changed hands in 1999, from the Thomas family to the Colf family. Unfortunately, it appears that during this sale the buyers were not advised of the study and the proposed mitigation for the channel project.

** The Woodland Bottoms properties were selected for mitigation in 1998 by a multi-agency habitat evaluation team with the goal of acquiring large tracts of land near or adjacent to wildlife refuge areas. Evaluating agencies included Washington Department of Fish & Wildlife, Washington Department of Ecology, Oregon Department of Fish & Wildlife, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers and the Port of Portland.

** The Columbia River Channel Improvement Project was authorized by Congress in 1999. A multi-agency public process eventually resulted in biological opinions from the National Marine Fisheries Service and U.S. Fish and Wildlife Service, and Section 401 water quality certifications and Coastal Zone Management Consistency Determinations from the states of Oregon and Washington.

** Legal action was taken against the project on environmental issues, but the project was legally sustained by decisions in federal district court and the Ninth Circuit Court of Appeals.

** In June 2004 the Corps entered into the Project Cooperation Agreement with the port sponsors including the ports of Longview, Kalama, Woodland and Vancouver, Wash., as well as the Port of Portland, Ore. As sponsors, the ports are responsible for acquiring all lands, easements and rights of way for the project.

** With the Channel Improvement Project now more than 50 percent complete, acquisition of properties necessary for dredged material sites, mitigation lands and ecosystem restoration lands must be completed to meet contract and clearance timelines.

** The 1999 and 2003 mitigation plans included the creation of agricultural, wetland and riparian habitats within the Webb Diking District in Oregon, and Woodland Bottoms and Martin Island in Washington.

** In May 2007 Governor Gregoire asked the Corps to determine whether there was any flexibility in the project mitigation plan to reduce agricultural impacts in Washington. She affirmed the State's support for a timely completion of the project.

** Today’s proposal is to expand the Webb mitigation site and include all of Martin Island; avoiding all mitigation in Woodland Bottoms.

** To meet the mitigation requirements of the project in a timely manner, the sponsors will begin the process of establishing public need and necessity in which a court will decide the value of the property. The Corps and the sponsor ports are open to continuing discussions to reach a resolution before a judge rules on this issue.

** The Corps and the ports have worked and continue to try to find an equitable resolution to this issue that yields environmental and economic benefits for the region and reduces impact to agricultural land in Woodland Bottoms.


There's always 2 sides to every story...

8)

Chief
05-13-2008, 06:23 AM
booting back up to the top...

Just for reference, this is the original thread that I posted a few weeks or so ago...

Waterbuffalo
05-14-2008, 12:36 AM
So what is your personal opinion?