livingston
20×102mm Vulcan
Gophers vs. landowners: In Washington property rights battle, furry rodents win
In 2014, three sub-species of the Mazama pocket gopher were listed as threatened in the county under the Endangered Species Act. Since then, property owners have lived in fear that a gopher hole might show up and derail any plans to develop their land.
Steve and Deborah McLain have been trying unsuccessfully for over a year to get a permit to build a home on the 8 acres they own near the city of Tumwater. The problem started when inspectors found a single mound of dirt indicating a pocket gopher lived there.
“The gopher has been able to enjoy our property the entire time,” said a frustrated Deborah McLain, “and they have more rights to our property than we do.”
SUPREME COURT SEEMS DIVIDED IN PROPERTY RIGHTS DISPUTE
The McLains have offered to give up one of their acres as protected habitat for the gopher, but Thurston County still won’t issue a building permit. The county requires landowners who want to build anything on their property to determine if their soils are conducive for gopher tunneling. If they are, inspectors must make three site reviews 30 days apart. The reviews must be done between June 1st and October 31st – because that’s when gophers are the most active.
Larry Weaver is a homebuilder. He says the gopher issue is driving most contractors out of the county
Gophers vs. landowners: In Washington property rights battle, furry rodents win
In 2014, three sub-species of the Mazama pocket gopher were listed as threatened in the county under the Endangered Species Act. Since then, property owners have lived in fear that a gopher hole might show up and derail any plans to develop their land.
Steve and Deborah McLain have been trying unsuccessfully for over a year to get a permit to build a home on the 8 acres they own near the city of Tumwater. The problem started when inspectors found a single mound of dirt indicating a pocket gopher lived there.
“The gopher has been able to enjoy our property the entire time,” said a frustrated Deborah McLain, “and they have more rights to our property than we do.”
SUPREME COURT SEEMS DIVIDED IN PROPERTY RIGHTS DISPUTE
The McLains have offered to give up one of their acres as protected habitat for the gopher, but Thurston County still won’t issue a building permit. The county requires landowners who want to build anything on their property to determine if their soils are conducive for gopher tunneling. If they are, inspectors must make three site reviews 30 days apart. The reviews must be done between June 1st and October 31st – because that’s when gophers are the most active.
Larry Weaver is a homebuilder. He says the gopher issue is driving most contractors out of the county
Gophers vs. landowners: In Washington property rights battle, furry rodents win
maybe the landowners need to have them pay the property taxes 
