External Government Obsolescence

The right of property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty --Arthur Lee of the Commonwealth of Virginia

On Tuesday, The Supreme Court of the United States will hear a case regarding property rights centering on government control over an owners right to maximize the productivity or utility of the property. Of course, the founding fathers regarded ownership of private property as the foundation of freedom and prosperity.

FOX News Shannon Bream, a Tallahassee native who earned Juris Doctorate with honors from The Florida State University College of Law, has a report. 


The Pacific Legal Foundation, the oldest and most successful public interest legal organization that fights for limited government, property rights, individual rights and a balanced approach to environmental protection, will be in front of the Supreme Court working with the Koontz family.  Here is more regarding the public sector shakedown that has handicapped the ability of the Koontz family to maximize return on and of the vacant parcel.




The Hoover Institution has weighed in, recognizing the case is central to property rights, something John Adams found integral to freedom.  In fact, most are unaware that before becoming the father of our country, George Washington was a surveyor and mapper.

The Orlando Sentinel had a front page story on the case, as interestingly enough, the property in question is about twenty minutes away, right here in Orange County, Florida just east of lovely downtown Orlando.  Please see the maps below of the parcel.

 

 

 

Find Law.com has a good overview of the lengthy goings on in the case, presented below:

Koontz proposed to develop 3.7 acres closest to Highway 50, back to and including the power line easement. In order to develop his property, he sought a management and storage of surface waters permit to dredge three and one quarter acres of wetlands. A staffer from St. Johns agreed to recommend approval if Koontz would deed the remaining portion of his property into a conservation area and perform offsite mitigation by either replacing culverts four and one-half miles southeast of his property or plug certain drainage canals on other property some seven miles away. Alternatively, St. Johns demanded that Koontz reduce his development to one acre and turn the remaining 14 acres into a deed-restricted conservation area. Koontz agreed to deed his excess property into conservation status but refused St. Johns' demands for offsite mitigation or reduction of his development from three and seven-tenths acres to one acre. Consequently, St. Johns denied his permit applications.

As PLF points out, the case asks whether the Constitution places limits on an agency’s ability to demand excessive amounts of money from a land use applicant in exchange for a permit to build on his property.

The American Farm Bureau Federation brilliantly summarizes the impact of the case to the agricultural community:  To strengthen landowners’ ability to obtain compensation when permitting authorities impose an arbitrary or disproportionate requirement of money or services as a land-use permit condition, or when authorities refuse to issue a permit based on the landowner’s refusal to agree to an unconstitutional exaction of real property

This case will have significant national impact.  Recently, we have been focused on the evil and restrictive policy issues surrounding Agenda 21, but the tentacles of this movement are very far reaching.  If an ever increasing oppressive government, who already has tremendous power through code enforcement and the permitting process, can shakedown owners seeking permits to develop their owned property through imposing arbitrary fees, penalties and or taxes as a condition of obtaining permits is an extension of extraction that is unethical and unconstitutional, as I hope we are all about to find out.

A decision in favor of the government will no doubt open the door for the government to demand extraction wherever and whenever it wants.  Be advised the government will utilize the decision to further seek the transfer of wealth and exponentially expand the globalist dreams found in Agenda 21, significantly reducing the freedom and liberty of property owners to see maximum return on and or their investment.  This will curb investment, reduce utility and value of property, lower tax revenue and limit choice for consumers as development is reduced due to increased costs.

As James Madison noted, Property must be secured or liberty cannot exist.

Actions Admission of Failure

Obamacare, much like the conditions on last weeks disabled cruise ship so accurately pointed out by Investors Business Daily's Michael Ramirez, is starting to really stink. Recall, we had to pass the bill to find out what is in the bill, and the more we uncover, the more we don't not like.

Almost immediately, many corporations, some of whom helped craft the legislation, quickly realized the burden the legislation would have and sounded a loud alarm. McDonalds led the way.

Of course, many of us recognized this from the get go, including Minnesota Congresswoman Michele Bachmann, who spoke yesterday on the subject. The lovely Shannon Bream of FOX News has the story:



As noted by Bachmann, certainly among my favorite currently elected officials, some 111 corporations and unions have been granted a waiver in terms of adhering to the biting regulatory grip of the legislation. Obviously, once again, the government under this administration is picking winners and losers, which is in violation of free market principles. I run a handful of small businesses, but, seriously Dude, where is my waiver ?

While rising costs and the prospect of a restriction on choice seem apparent, the problem is much worse than recognized by the average American.

Today, Donald Berwick, recently appointed by President Obama to be the nominee to head the Centers for Medicare and Medicaid Services, finally was formally introduced to Congress. Be advised, much like the NEA is not about the advancement of public education, the new healthcare plan is not about improved healthcare nor cost containment, but rather the redistribution of wealth. Don't buy it? Take a listen:



Berwick thinks government can more efficiently run health care than the private sector. No doubt, Berwick missed Reagan's proclamation that government is not the solution to the problem, government is the problem.

Additionally, the new heatlthcare bill contains measures allowing for death panels. I know you remember the intellectually hampered Sarah Palin getting lambasted by the mainstream media for having the gal to incite the public by claiming the formation and implementation of death panels existed within the bill. Golly, Palin is just so lacking in "intellectual curiosity".

I know facts are hard to come by when you live your life on the left side of the street, but perhaps if you favorite Nobel Prize winning economist Paul Krugman describes that death panels are in fact part of Obamacare, and he did just that this weekend, you may recognize Palin posting on Facebook beat the New York Times to the story once again. Investors Business Daily slams Krugman on the nations top editorial page

Thankfully, due to the results of the recent election, which decimated the Democrats, the brakes will be slammed on the accelerated onslaught of crony capitalism under President Obama's transformation of America.

The country is in great peril due to the insane policies of this administration, and the sooner we put an abrupt halt to the implementation of said policies, the better.

Against The Wind: Illegal Immigration

ILLEGAL IMMIGRATION

Due to the lack of federal enforcement of existing immigration laws, the state of Arizona enacted their own immigration law, one that closely parallels the one on the books of the federal government. Behind the leadership of Governor Jan Brewer (R), Arizona correctly took steps to protect their state from illegal immigrants, who are benefiting from public services and in many cases, engaging in criminal activity.

Some 63 % of the US citizenry approves of the measure Arizona is taking. Oh sure, several left wing moonbats and many illegals are against Arizona, and the list includes the City of Los Angeles and long forgotten musical duo Hall & Oates. President Obama is not happy and met with Gov. Brewer at the White House to voice his displeasure. Secretary of State Hillary Clinton later announced from Ecuador that Obama will be suing Arizona without informing Gov. Brewer first in a classy move.

So Obama is waging battle against Arizona against the will of the majority of the citizenry and creating chaos in the process. Arizona junior Senator John Kyl has a thought, and I deem him correct, on the method to the madness of Obama. The lovely Shannon Bream of FOX news (and FSU) has a report:




The border has been a problem for decades but as escalated in recent years since coupled with the drug problem, we now have national security issues with the increasing threat of dirty bombs. With this in mind, this has to be the top failing of the previous administration.

However, Bush was not using the border as a crisis to craft political legislation. The legislation Obama is hoping to get will give those illegals amnesty and secure significant block of Democratic voters going forward, most of whom will happily accept any and all entitlements offered by the socialist regime in DC.

And in the event the legislation is thwarted, the groundwork is being laid, or an attempt is being made at moving the Overton Window. Secretary of Labor Hilda Solis thinks all workers, illegal or not, deserves to get paid legitimate wages, which would be against the law. FOX News Greta Van Susteren and former George W. Bush press secretary Dana Perino discuss the PSA Solis created.




Workers of the world unite! Andy Stern, who up until recently headed SEIU, is a huge backer of Solis. It seems clear that Solis is part of the Obama team of union thugs who are actively working to govern against the will of the people and inflict social justice upon our citizenry,where collective rights trump individual rights.

This against the views of our founding fathers, free market capitalism and the American way. Therefore, I join Sarah Palin and many others in support of Arizona Governor Jan Brewer in crafting legislation to protect the state of Arizona.