Mr. Michael McPhie reports
CURIS STATEMENT ON RECENT ACTION BY THE TOWN COUNCIL OF FLORENCE
Curis Resources Ltd. has responded to a recent vote by the Florence
Town Council authorizing the acquisition of private land owned by Curis
through eminent domain for the purported purpose of a waste water
treatment facility. The town's recent action has no legal effect on
the ownership of the company's land or near-term project development
plans.
The law in Arizona and the United States places a high value on the
right to own private property and restricts heavily government bodies
from unwarranted takings of private property. The fifth amendment of
the United States Constitution provides that "no person shall be deprived of life, liberty or property, without due process of law, nor
shall private property be taken for public use, without just
compensation." Hence, Curis has no doubt that the courts will not
permit the town to follow through with this council authorization.
The use of eminent domain comes with onerous legal burdens of proof and
costs for the town if it fails to meet them. Given the tremendous
amount of vacant desert land in the region of the town and the
typically small footprint of a waste water treatment plant, the
selection of Curis's entire private property holdings as a potential
site for a waste water treatment plant lacks foundation.
The town's attempted action does not include the 160-acre state trust
land parcel on which Curis can operate for nine years, including the
phase 1 production test facility and the first years of commercial
operations of Florence copper. Once final permits are received, Curis
plans to continue to move forward with the phase 1 production test
facility in the near term. The phase 1 production test facility is
intended to demonstrate the safeness of the project that it operates
well within the limits established by the state (ADEQ) and the
federal (EPA) agencies and that it provides significant employment and
economic benefits and opportunities in the town and region.
Curis has advised the town that it is willing to meet, discuss and
address any and all concerns with respect to the proposed Florence
copper development, including the ability to accommodate the waste water
treatment facility. The company remains committed to an open and
respectful dialogue with the elected officials and citizens of the
community.
We seek Safe Harbor.
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