Posted on 11/02/2005 4:03:20 AM PST by deaconjim
ATLANTA - When environmental or zoning regulations impinge on landowners' rights to use their property, the government should either pay landowners or abandon the regulations, according to Sen. Chip Pearson, R-Dawsonville, chair of the Senate Inverse Condemnation Committee.
The committee, which held a hearing Tuesday and comprises five Republicans and two Democrats, plans to draft a bill to introduce in January that would to protect property owners from what Pearson called "over-regulation."
For example, state rules forbid landowners along Yahoola Creek in Lumpkin County to build within 150 feet of the banks, to prevent pollution in the stream. Pearson said the buffer zone devalues those properties and prevents owners from using land on which they still have to pay taxes.
Opponents of the proposed legislation said neither state or local governments would have enough money to pay for all the land that falls under regulations and could become contested.
Owners of neighboring properties could also be damaged by use of land that had previously been off-limit to development, according to Jim Grubiak, general counsel of the Association County Commissioners of Georgia.
It's completely repugnant to a democratic republic and its citizens that unelected bureaucrats are given power to write law. Only an elected legislature has legitimate power to legislate. That legislatures have allowed bureaucrats to write law and the courts have assented to this farce shows how far we've travelled from individual property rights and original intent.
Unaccountable bureaucrats writing law is one of the signatures of totalitarianism. In former communist Russia, bureaucrats were given power to write law on the regional and local level to carry out the goals of the state for the Marxist "common good." These unelected councils were called "soviets."
The eco-fascists are attempting to control private property in this country by establishing unelected regional planning commissions. They want to import totalitarianism and see these "soviets" overlay and control all land in America.
Georgia is engaged in a lawful second revolution, and re-capturing what's been lost. Good for you.
Here in Maryland we have what they call " Critical areas" around the bay and its tributaries.. All well and good I suppose until you face the zoning board. I wont go on about it but suffice to say you cannot legally trim a tree without permission in this area , and God forbid you should cut one. By the way the setback here is 1,000 feet.
You see legislators make the laws but its the bureaucrats who make the regulations. The laws you can get changed , the regulations you are stuck with. The bureaucrats laugh at the legislators.
Point of order: the government cannot "extend landowners' rights," as those are G-d-given and inalienable. They can merely limit government infringement/increase government protection of rights.
Great point.
Wouldn't it be great to see this happen at the federal level? I'm dreaming I know, but you have to have dreams...
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