JANUARY 12, 2011
Evil is as evil does, Barto strikes again
The two council and mayor forums have now been settled. Cave Creek’s forum will be held in the Town Council Chambers, 37622 N. Cave Creek Road, on Jan. 26, from 7 to 9 p.m. Carefree’s forum will be held in the Town Council Chambers at 100 Easy St. on Feb. 2 from 7 to 9 p.m. This location breaks a 16 year tradition of the Carefree Resort and Villas providing space, refreshments and sound engineering as a public service. Yes, times are tough.
Thanks to Mayor David Schwan for providing public support for the coming election as Cave Creek has for the last several years.
Predictable chicanery
Sonoran News has written volumes about now Nancy Senator Barto, R-Dist. 7, who within a few days of taking office has once again has shown her evil side.
While “serving” in the house she hosted a bill for a friend, donor and fundraiser called HB 2154.
HB 2154 would have placed anyone living on a private road with private easements at serious financial risk. Studies have shown millions of people in Arizona would be affected because Arizona is replete with private roads and easements. The bill would give anyone with an easement the right to demand payment for any maintenance or work done from neighboring easement holders. Currently easement holders, with no road maintenance agreement, have the right to choose to participate or not. Barto's bill, now reincarnated as SB 1034 would be devastating to property owners and for that reason real estate lobbyists stalled the last bill until she made an interesting offer, which was to make it applicable to only Cave Creek where I have a pending case with her friend, donor and fund raiser which reads directly on HB 2154 and now SB 1034.
Barto pre-filed as SB 1034 on Jan. 4.
PREFILED JAN 04 2011
REFERENCE TITLE: private easements; maintenance
State of Arizona
Senate
Fiftieth Legislature
First Regular Session
2011
SB 1034
Introduced by
Senator Barto
AN ACT
amending title 33, chapter 2, Arizona Revised Statutes, by adding article 5; relating to easements. Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 2, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. EASEMENTS
33-281. Easements; proportionate liability for maintenance; exceptions
A. The holder of any roadway easement that is in the nature of a private right-of-way and the owner of the land to which the easement is attached shall maintain the easement.
B. An easement that is held by more than one person or that is attached to parcels of land under different ownership shall be maintained as provided in any agreement among the persons. If there is no agreement:
1. The reasonable cost of maintenance, including snow plowing to maintain access, shall be shared proportionately among the holders of the easement right according to the use made of the easement by each holder.
2. For an easement held by three or more persons, the maintenance shall be approved by a majority of the easement holders who use the easement.
C. Any holder of an easement or any owner of land to which the easement is attached may apply to any court in the county in which the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost. The application may be made before, during or after performance of the maintenance work. If the arbitration award is not accepted by all of the easement holders and landowners, the court may enter a judgment determining the proportionate liability of the parties. The judgment may be enforced as other money judgments by any party against any other party to the action.
D. This section does not apply to any easement held by any agency or department of this state, any political subdivision of this state, any public service corporation or any private utility provider.
So Barto is clearly incorrigible and the only solution is RECALL. She has a huge budget, thanks, in part, to Blue Cross Blue Shield, whose executive corps emptied their pockets to assure her re-election. And the Senate hierarchy, of all things, made her chairman of health related matters. Unions and school interests were also strong supporters. At the end of the day in the last election cycle she raised $70,000.
While in the house she also fronted a bill that allow CCUSD to spend bond money, which up until her bill was passed, buried in the Omnibus Bill, on projects other than those approved by voters. The bond approval was voted in 2000. So the bill bypasses the voters and gives gave the CCUSD governing authority to approve what ever projects they want.
There are more effects. Bond holders that purchased what they thought were tax-free bonds may not yet know they have been screwed and investors will think twice before buying future CCUSD bonds.
There are also IRS violations involved in the handling of these bonds.
So Barto’s bill has opened Pandora’s Box. But this type of near, if not illegal, action makes one wonder why her strength is among Christians. Her actions in the legislature and in LD 7, which she represents are anything but Christian Conservatives have been vocal about her shenanigans and have no use for her.
The two party system, Republicans and Democrats, is being assaulted by many people who believe it has outlived its usefulness. If Republicans continue to support dishonest legislators and award them with committee chairmanships, you can be sure more voters will change their affiliation to Independent.
It has already happened nationwide and now Tea Party members are threatening to have their own party. Tea party membership is dominated by Independents and Republicans so it would strengthen the Democrat party substantially.
