Otter abandons indecision, says he's against Prop 2

U.S. Rep. C.L. "Butch" Otter, the Republican candidate for governor, has joined Democratic rival Jerry Brady in opposing a property-rights initiative on the Nov. 7 ballot.

Proposition 2 would require governments to compensate landowners if new land-use restrictions reduce their property's value.

Otter's new stance comes a day after he said he was "confused" by the measure during a debate in Boise.

Now, the three-term congressman from Idaho thinks the initiative, placed on the ballot with financial help from New York real-estate mogul Howard Rich, could lead to court cases that might drain money from taxpayers.

"That seems like a recipe for lots of lawsuits which makes it tough for me to recommend it," Otter said in a statement. "So I will vote against Proposition 2."

The measure is two-pronged. It includes a provision that prohibits government from condemning private property for economic development, an issue the 2006 Legislature addressed following a U.S. Supreme Court ruling in a Connecticut case. Otter said that's no longer an issue.

"The Idaho Legislature did a good rob of addressing the eminent domain concerns raised by the U.S. Supreme Court's decision," he said in his statement

More controversial is the so-called "regulatory takings" provision, when governments pass limits on things like how many houses can be built on a lot. A similar measure in Oregon, approved by voters in 2004, has resulted in more than $4 billion worth of claims.

Brady, who said he's always been opposed to Proposition 2, said Monday's City Club of Boise forum served a useful purpose by pushing Otter into taking a stand.

"Yesterday he didn't know what he thought," Brady told the Idaho Statesman.

Brady has accused Otter of indecisiveness on several issues.

Earlier this year, Otter switched his stance on a plan in U.S. Congress to sell public land in Idaho to fund Hurricane Katrina relief; Otter has pledged to back the Idaho Legislature if it bans private elk hunting preserves, while telling owners of such big-game farms he still supports them; and he opted to skip a public TV debate, arguing not all third-party candidates had been invited even though the League of Women Voters and Idaho Public Television, two of the sponsors, said they'd invited everyone.

While Otter opposes Proposition 2, he said he still supports private property rights.

"My commitment to the measure's supporters is that if problems such as they foresee do arise in Idaho, I will be front and center to see that those problems are addressed by whatever means necessary in an equitable and constitutional manner," he said.

Laird Maxwell, Proposition 2's main backer, said he's not surprised Otter now opposes his measure.

"This does take power away from politicians, so it's not surprising that we see politicians opposing Prop. 2," Maxwell told the Statesman, adding the initiative is needed to prevent government from trampling on the rights of private citizens to do what they want with their land.

Gov. Jim Risch and groups such as the Idaho Association of Counties, Association of Idaho Cities, and Idaho Association of Commerce and Industry oppose the measure on grounds it will lead to lawsuits and hamper local communities' planning efforts.

Information from: Idaho Statesman, http://www.idahostatesman.com