Hope springs eternal for two reasons; the citizen and the leadership provided by Donald Trump. If we, the citizen, refuse to be silenced and shoved to the back of the bus, and instead rally behind Donald Trump’s leadership, we may yet prevail. This uplifting article highlights how President Trump by undermining the Waters of the United States E.O. (WOTUS) with the stroke of his pen frees up immense economic activity while protecting our sacred property rights. Read this encouraging article by clicking on this link.
Tag Archives: property rights
As you likely know, the EPA is attempting to gain permission to implement the Waters of the United States (WOTUS) rule. This rule, which is an extension of the Clean Water Act, would put virtually all water in the United States under the control of the federal government. That means the federal government can come onto your property and tell you what you can do or cannot do with your pond, your stream, your ditch that occasionally holds water, or your wetland that just happens to contain peat which you sell to provide money to care for your family.
Worse yet, if the EPA or the Army Corp of Engineers come onto your property and makes a decision to take control of your property(that is called a jurisdictional determination, and the Army Corp makes 54,000 of them a year!), up until now the property owner had no recourse.
Fortunately for all of us, when the Army Corp of Engineers made a jurisdictional determination on the Minnesota peat bog owned by Kevin Pierce of the Hawkes Co., Inc., Pierce was unwilling to roll over and give up control of his property without a fight. To learn more about this important court case and the resulting Supreme Court Case victory, please read the short article and two short video by clicking on this link.
Closing roads is a very effective way to advance the Wildlands Project.
In Mesa Verde County in Colorado, the Bureau of Land Management (under direction of the Federal Executive Branch) is closing over 600 miles of public roads in spite of strong push back from citizens, local government, and the strong possibility that the agency is not following either state or federal law.
In this article, the agency, after some initial efforts to get the locals to go along, simply forces the local governments to submit; leaving the only recourse for the local government expensive time-consuming litigation, and the citizens without critical roads. This is an example of how, as the federal government grows, the Feds can reduce the effectiveness of local government preventing it from protecting its rural citizens from federal abuse.
One more comment, remember road closures prevent economic activity by those who wish to harvest the resources on and under the ground. Every time Bambi wins, economic activity of our natural resources, coal, oil, oil shale, natural gas, minerals, trees, etc. is stifled. Without strong economic activity, we cannot be a prosperous nation.
To read this article, click on this link.
Anyone who is familiar with Agenda 21 knows that both the Socialists and the extreme environmentalists are working to destroy private property rights. Without property we are no more than slaves. One of the strategies used to destroy property rights is conservation easements.
Keeping it simple, conservation easements are created when a land trust pays a land owner to promise to not develop IN PERPITUITY their property (in most cases just building a new barn would be not be allowed under the terms of the conservation easement). In return the land owner and his heirs are then able to stay on this land in perpetuity, which is an awful long time to prevent development of a parcel of land.
You may have followed the story of Martha Boneta, who bought in 2006 acreage in Virginia that was part of a conservation easement. If so you are aware the land trust, Piedmont Environmental Council, from whom the conservation easement had been purchased, fined Ms. Boneta $5,000 dollars per day after the zoning administrator saw a picture posted on Boneta’s Facebook page of a birthday celebration given on her farm. This heavy-handed treatment triggered a long contracted legal battle by Ms. Boneta to maintain control of her property which ultimately ended in Boneta’s Law. Boneta’s Law has shown a light on the abuses of conservation easements and gained a degree of property rights protection for small farmers in Virginia.
What you likely do not know is that Ms. Boneta is again back in court. To learn more about the new battle, again against the land trust, Piedmont Environmental Council, click on this link.
You also likely do not know that Ms. Boneta’s story has been made into a film that was shown at the Anthem Film Festival at Freedom Fest in Las Vegas on July 11, 2015 where it won two awards. If you would like to see a trailer for this fine video, click on this link.
You may also wish to read about a 2013 law suit filed against a horse farm, which was being operated under a conservation easement, and how just a few small changes on the farm triggered this two-year court battle. If so, click on this link.
Moral of the story: beware of conservation easements and land trusts. While they may fix a short-term cash flow problem, they will create restrictions for current and future land owners. More important conservation easements decrease future economic activity on the property affecting the nation’s bottom line. In addition, as more land is removed from private ownership, the cost of land and taxes on non-conservation easement land will increase. Eventually only the elite will be able to afford land, forcing the rest of us into the city where we can be more easily controlled by an over-reaching government.
I do not know whether to call this good news or not. Representative Tom Reed (R-NY) has established the U.S. House Private Property Rights Caucus. It is great to know that there is finally an awareness in Washington D.C. that property rights are being abused across America, and that a coalition is being created to address it, but what a shame this is so very necessary to prevent America from becoming a society where private property is reserved only for the truly wealthy and well connected. To learn more about the caucus effort, please click on this link.
Also, please consider calling Representative Tom Reed at 202-225-3161 to thank him for his efforts.
If this story wasn’t so serious, you would have to laugh because it is almost unbelievable in it absurdity. Keeping it simple, due to past bad policy, that was never remedied, there currently exists on the federal level an actual Raisin Administrative Committee (and we wonder why are deficit is so high) which exists, with the full force of the law behind it, to determine how much of a raisin grower’s crop they should each year confiscate from the raisin farmer. Enter stage left a raisin farmer and his wife who have had it with giving over the fruits of their labors with no compensation and are willing to take their case to the Supreme Court to get some relief from legalized theft by the Federal Government. You can’t make this stuff up.
Unfortunately, the outcome of this story has as huge of ramifications for property rights in America as did the Supreme Court’s Kelo decision where the Supreme Court upheld the idea that private property could be taken from private citizens if it provided a greater financial good for the community even if the property owner had no wish to sell.
On a scale of 1-10 (with 10 being REALLY important), this Wall Street Journal editorial from April 20th, 2015 is a 12. To read this article… Continue reading
Mary Boneta has been fighting the conservation easement placed on her 64 acre Virginia farm by the powerful PEC (Piedmont Environmental Council) since the day she bought her land in 2006. It has been a long fight-much like David and Goliath-but the tide in the last year or so has turned in her favor. To read an update on her inspiring story follow this link.
Every land grab by the federal government is a threat to state sovereignty and property rights. Late January 2015 President Obama signaled his latest land grab. To learn more about the effort by the feds to lock down the 1.5 million acres of the Arctic National Wildlife Refuge along with all the natural gas, oil, and minerals underground, click on this link.
Missouri Representative Mike Moon appears unwilling to allow the veto last year by the Missouri governor of a bill to stop property right infringement through the use of Agenda 21 policies to remain unchallenged. On December 12, 2014, Representative Moon introduced House Bill 216. While currently not on the House of Representative calendar, we must hope for its further advancement, as what happens in other states affects our own. To learn more click on this link.
Thirty-one percent of our nation’s land is owned by the federal government while 63.9 percent of the land in Utah is owned by the federal government. This prompted Utah to pass in 2012 a bill to attempt to force the federal government to return to the state control of over 20 million of its acres-by December 31, 2014-along with the ability of the state to garner economic activity from the land and the minerals under the land. It is a state vs. federal rights issue with serious implications for the several other western states that find themselves in the same predicament. This situation will not resolve quickly-if at all-but bears watching.
To read the actual bill click on this link.
To read a brief (1 page) informative legal overview of the issue, click on this link.
To read a series of talking points that explains, among other things, why certain states after statehood managed to force the feds to give them ownership of their own land, while others, like Utah, did not, click on this link.