Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

This Land Is Not Your Land
WSJ ^ | Thursday, December 15, 2005 | KIMBERLEY A. STRASSEL

Posted on 12/15/2005 7:22:27 AM PST by OregonRancher

PORTLAND, Ore.--Reformers, take note. There's a big lesson to be learned from this state's ongoing, bare-knuckle fight over property rights. Ballot initiatives are all well and good, but they are only half the equation. First, voters must boot judges who legislate from the bench.

Oregonians, like many others, have been fighting to force their state government to honor property rights. Like reformers in other states, residents here had seized upon the one tool more powerful than entrenched state politicians: the ballot initiative. In 2000 and again in 2004, voters passed measures to protect landowners from state regulations that reduced their property value.

Yet nothing has changed. This is because initiatives are only as powerful as the court system lets them be. Two separate judges struck down the property measures on embarrassing legal grounds. And voters can't count on a state Supreme Court that revels in meritless decisions to right things on appeal.

This is a bitter pill to swallow, especially given how hard Oregonians have fought to get this far. Oregon's property regime traces back to the 1970s, when elites worried that all the rednecks in the pretty parts of the state might get the uppity idea of developing their land and ruining urbanites' weekend playground. A new law gave the state control of land use, stripping power from counties that were far better positioned to respond to local needs. The law was also behind "urban growth boundaries," within which development was fair game. Anything outside was labeled "forest" or "farming" or "open" land and frozen in time.

In addition to its abuse of constitutionally protected property rights, the law has also had devastating economic effects. Property prices inside the boundary artificially skyrocketed, while rural areas were barred from development that would create new jobs. .

(Excerpt) Read more at ...

TOPICS: Editorial; Government
KEYWORDS: judgesgowild
This is a "mild" opinion
1 posted on 12/15/2005 7:22:28 AM PST by OregonRancher
[ Post Reply | Private Reply | View Replies]

To: OregonRancher

So far it's cost me around $20k in attorney fee's to fight the bastards in city hall. They're wrong, they know it, and they still fight.

2 posted on 12/15/2005 7:26:49 AM PST by OregonRancher (illigitimus non carborundum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OregonRancher
There is a perfectly legal solution to tyranny.
It is a seemingly obscure Constitutional amendment, located, I believe, between the 1st and 3rd.
3 posted on 12/15/2005 7:29:58 AM PST by FreedomFarmer (Facts without theory is trivia. Theory without facts is socialism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FreedomFarmer

but of course even mentioning that will get you tagged as a kook nowadays.

4 posted on 12/15/2005 7:32:53 AM PST by Centurion2000 ((Aubrey, Tx) --- America, we get the best government corporations can buy.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Centurion2000

Not in my neck of the woods!

5 posted on 12/15/2005 7:34:08 AM PST by OregonRancher (illigitimus non carborundum)
[ Post Reply | Private Reply | To 4 | View Replies]

To: OregonRancher

Just curious if you ever thought about sending these city hall officials (who are actually agents for the municipal corporation) a letter demanding where they get their "authority" to enforce some sort of code or ordinance against you......and include in your letter that they must declare any such authority they think they have "under penalties of perjury". Your attorney will never tell you this but any codes created by this municipal gov't. ONLY apply to those who work or contract with that municorp. Codes, regulations, ordinances, etc. are NOT LAW......they're only statutory rules to run the corporation.

Fact is.......they will never respond to any demands under penalties of perjury because they know they are definitely acting outside their scope of authority in their actions against you and can lose any immunity protections if it can be proved in the future.

6 posted on 12/15/2005 7:46:57 AM PST by american spirit (Can you handle the truth? - ( 4-6 CST M-F)) / click "listen live")
[ Post Reply | Private Reply | To 2 | View Replies]

To: OregonRancher

Some day, somewhere, some property owner will very quietly let the appeals process reiach its preordained end, and then will burn some local politicians home to the ground in payback for destroying the families life.

Someday, somewhere, some group of citizens will say no, and push back.

This BS only exists because we allow it.

7 posted on 12/15/2005 8:05:53 AM PST by Jim Verdolini (We had it all, but the RINOs stalked the land and everything they touched was as dung and ashes!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: american spirit
Where do you get that information?
Sounds like hooey to me (but I wish it was true.
8 posted on 12/15/2005 8:40:09 AM PST by ppaul
[ Post Reply | Private Reply | To 6 | View Replies]

To: ppaul

Lot of good research going on out there regarding issues such as these where some city hall nazi's think they can run roughshod over people by using some of their codes and to justify their actions. Let me ask you......if a CORPORATION (aka artificial entity) such as IBM sent you a letter saying because you live within a mile of their office then you're bound to follow their internal codes of conduct for whatever.... you'd tell them to shove it........likewise what gives another artificial entity such as CORPORATE muni- gov any right to tell you that according to one of their codes you have to keep your grass at a certain height?

Key question is where is their authority to do so?.......did you grant them control over your life and property?
Just because they "presume" to have that right does it make it so? Codes, regulations and ordinances ARE NOT POSTIVE LAW thus they have no force of law. Most problems with city officials or their "third party" reps (aka shyster lawyers) can be shut down immediately with the right response.

9 posted on 12/15/2005 9:16:47 AM PST by american spirit (Can you handle the truth? - ( 4-6 CST M-F)) / click "listen live")
[ Post Reply | Private Reply | To 8 | View Replies]

To: FreedomFarmer

That solution only comes at the hand and through the will of free men without fear.

There's some who think that the 2nd could solve many, and I mean MANY, problems of today, eminent domain, seditionists and traitors(Murtha, Kerry, Reid, Churchhill, Pelosi, every member and lawyer of the ACLU, etc), illegal invaders.....

America really is too pussified to consider it. The ones who aren't afraid are called militia wackos, gun nuts, etc.

All I can assume is its not time yet, but I'm keeping a lookout.

10 posted on 12/15/2005 11:38:39 AM PST by Stopislamnow
[ Post Reply | Private Reply | To 3 | View Replies]

To: american spirit


11 posted on 12/15/2005 11:44:24 AM PST by Jason_b
[ Post Reply | Private Reply | To 6 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson