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Fighting for Property Rights!
Written by; Wm. F. “Bill” Ingram
Private
property rights in our local communities, state and union are
being eroded away step by step. This has been happening for
some time; however, the process seems to be picking up speed.
All of us
are painfully aware of the attacks on private property by the
use of eminent domain. The Kelo vs. City of New London case
made headlines across the country. A case in Henry County has
made the news right here in Georgia. The abuses of eminent
domain need to be corrected. We all agree that when the
government can take property from one individual and give it
to another, a crime (theft) has occurred.
However;
it is other affronts to property rights and a method that can
be used to correct these abuses that will be addressed here.
First,
there are the local building permit ordinances. In the county
in which I reside, an adult who owns land and has the
financial resources with which to build a house must ask for
permission to build and must pay for that permission. Does
this sound like something a freeman would have to do? I think
not. It is something a serf or a tenant would have to do.
Secondly,
local governments pass zoning and land use ordinances and
appoints planning and zoning boards. If you haven’t set in on
a session of one of these zoning board meetings, you should.
In these meetings grown men and women come before a group of
local citizens, who have been appointed, to ask and plead for
permission to use their own property as they see fit. The
members of these zoning boards are usually just plain folk
with no particular knowledge or wisdom that makes them a
better judge of how and what should be done on a piece of
property, especially a property they do not own.
Do you own
your land? What does it mean to own? Merriam Webster’s New
Collegiate Dictionary, 10th addition, has this
definition-own a) to have or hold as property: possess b) to
have power over; control. In the examples above it is evident
that the person with his name on the title has lost control.
The control has been usurped by local governing bodies and
their appointed boards.
So, what
can we do? Two things are possible. First, if we can find men
who still understand the concepts of liberty and they can be
convinced to run for local government office and we can get
them elected, local ordinances that infringe on property
rights could be appealed.
Secondly,
here in
Georgia
a referendum to repeal county ordinances can be forced by
local citizens. This is accomplished by using a constitutional
method open to the Citizens of Georgia. The current Georgia
Constitution contains home rule provisions in Article IX,
Section II, paragraph I. The following is the portion of the
home rule provisions that Georgia citizens can use…
(2)
Amendments to or repeals of such local acts or ordinances,
resolutions, or regulations adopted pursuant to
subparagraph (a) hereof may be initiated by a petition
filed with the judge of the probate court of the county
containing, in cases of counties with a population of 5,000
or less, the signatures of at least 25 percent of the
electors registered to vote in the last general election; in
cases of counties with a population of more than 5,000 but
not more than 50,000, at least 20 percent of the electors
registered to vote in the last general election; and, in
cases of a county with a population of more than 50,000, at
least 10 percent of the electors registered to vote in the
last general election, which petition shall specifically set
forth the exact language of the proposed amendment or
repeal. The judge of the probate court shall determine the
validity of such petition within 60 days of its being filed
with the judge of the probate court. In the event the judge
of the probate court determines that such petition is valid,
it shall be his duty to issue the call for an election for
the purpose of submitting such amendment or repeal to the
registered electors of the county for their approval or
rejection. Such call shall be issued not less than ten nor
more than 60 days after the date of the filing of the
petition. He shall set the date of such election for a day
not less than 60 nor more than 90 days after the date of
such filing. The judge of the probate court shall cause a
notice of the date of said election to be published in the
official organ of the county once a week for three weeks
immediately preceding such date. Said notice shall also
contain a synopsis of the proposed amendment or repeal and
shall state that a copy thereof is on file in the office of
the judge of the probate court of the county for the purpose
of examination and inspection by the public. The judge of
the probate court shall furnish anyone, upon written
request, a copy of the proposed amendment or repeal. If more
than one-half of the votes cast on such question are for
approval of the amendment or repeal, it shall become of full
force and effect; otherwise, it shall be void and of no
force and effect. The expense of such election shall be
borne by the county, and it shall be the duty of the judge
of the probate court to hold and conduct such election. Such
election shall be held under the same laws and rules and
regulations as govern special elections, except as otherwise
provided herein. It shall be the duty of the judge of the
probate court to canvass the returns and declare and certify
the result of the election. It shall be his further duty to
certify the result thereof to the Secretary of State in
accordance with the provisions of subparagraph (g) of this
Paragraph. A referendum on any such amendment or repeal
shall not be held more often than once each year. No
amendment hereunder shall be valid if inconsistent with any
provision of this Constitution or if provision has been made
therefor by general law.
In
the event that the judge of the probate court determines
that such petition was not valid, he shall cause to be
published in explicit detail the reasons why such petition
is not valid; provided, however, that, in any proceeding in
which the validity of the petition is at issue, the tribunal
considering such issue shall not be limited by the reasons
assigned. Such publication shall be in the official organ of
the county in the week immediately following the date on
which such petition is declared to be not valid.
(c) The
power granted to counties in subparagraphs (a) and (b) above
shall not be construed to extend to the following matters or
any other matters which the General Assembly by general law
has preempted or may hereafter preempt, but such matters
shall be the subject of general law or the subject of local
acts of the General Assembly to the extent that the
enactment of such local acts is otherwise permitted under
this Constitution:
A way is
currently open to us to make changes to protect and restore
rights.
We can do
what our Chamber of Commerce type County or City Commissioners
will not do for us.
Are we
willing to put forth the effort? Will committees be formed?
Will petition drives happen?
It is up
to individual Georgia Citizens to take the initiative and use
means available.
If we
don’t, who will?
Many of
our most famous political philosophers have strongly
emphasized that liberty is intimately tied to the right to
private property. Protection of the rights of private property
was of utmost importance to the Founding Fathers as they
created the Declaration Of Independence and the Constitution.
After all, they had just fought the Revolutionary War for
which many historians claim was greatly inspired by the abuses
of England in taking of private property. In fact, "Liberty,
property and no stamps!" was the first slogan of the American
Revolution.
Government
is instituted to protect property of every sort; as well that
which lies in the various rights of individuals, as that which
the term particularly expresses. This being the end of
government, that alone is a just government which impartially
secures to every man whatever is his own. James Madison,
Essay on Property, March 29, 1792
John Adams
said that "[t]he moment that idea is admitted into society
that property is not as sacred as the Laws of God, and that
there is not a force of law and public justice to protect it,
anarchy and tyranny commence. Property must be sacred or
liberty cannot exist."
"The
Natural Rights of the colonists are these: first, a right to
life; second, to liberty; third to property; together with the
right to support and defend them in the best manner they
can.", according to Samuel
Adams.
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