Skip to comments.Property-rights dispute
Posted on 07/17/2007 5:48:39 AM PDT by 3AngelaD
Retirees Shirley and Herbert Leu had a problem. Part of their backyard was collapsing into a ditch that ran along the U.S.-Canadian border. Before building their 4-foot-high retaining wall, the Leus made sure they were in compliance with all local regulations...It never dawned on the Leus that this would lead to an international incident and an ideological battle over private property. The debate became one of whether an international commission could simply come onto their property, remove their wall and then send them the bill.
The controversy escalated to soap opera proportions with the Departments of State and Justice as well as the White House opposing the International Boundary Commission's (IBC) edict and President Bush last week stepping in and firing the U.S. representative on the commission. Apparently, this is the first time that a president has ever fired such a commissioner.
For his part, the fired commissioner, Dennis Schornack, claims that once appointed he has the job for life and cannot be fired. He is vowing to fight his firing in court. The IBC claims authority to enter and take the Leus' private property under a treaty between the United States and Canada...
To put it mildly, the Leus were shocked. After all, their retaining wall stands about 8 feet from the actual border andwell within their property line."[Mr. Schornack] was so rude, and so abrupt, standing and telling me he had the power to take the wall down and that if I got a lawyer, he'd win..."
To Mr. Schornack, the dispute is largely one of too much fealty to property rights.... Mr. Schornack and the IBC actually responded that they are not a government agency and are therefore not subject to the laws of the United States and its Constitution....
(Excerpt) Read more at washingtontimes.com ...
Cool! I'm not a government agency either! The law can't touch me!
If you give Leus an exception, then you have to give everyone else an exception.
Shhhh... you don't want the Democrat Party to hear that! They might suggest the firing was illegal :)
An exception to what?
Walter Peck found a new job!
Bingo. I’m not a lawyer but I learned that the word “precedent” is very important, even in the by-laws and covenants of HOAs.
Okay. Bush’s firing of Schornack has restored me to his alliance—but only tepidly; I’m still waiting for the pardon of the Border Patrol Agents.
An exception to their private property rights? Without notice? For a harmless wall? Hello? In fact, I think we should be encouraging people who live along the border to build walls, not punish them. But here is a “multi-national” commission that does not recognize the rights provided in our Constitution, run by an egomaniac. I’d say this is a pretty good place to take a stand, and so did the president.
And what's really stranger than fiction is that millions of Americans are working overtime to INCREASE the power, reach, and appetite of burocrats and of the Frankenstein's monster known as the Federal Government!
“Ideologue”? I *like* ideologues! Here’s what the fired man said:
“To Mr. Schornack, the dispute is largely one of too much fealty to property rights. “I’m not an ideologue, and it seemed to me that I was being demanded to adopt the ideology of the Justice Department.” He claims that the Justice Department lawyers “are on basically amission to pare back what they see as government intrusion intoprivate property.” The problem? That treaty the IBC relies upon for its authority does not actually authorize the regulation of that 20-foot-wide zone. Even so, Mr. Schornack and the IBC set a deadline for the Leus to remove their retaining wall, otherwise the IBC would do it themselves.”
Mr. Schornack needs a good flogging, followed by being run out of town on a rail. And the Dems still want the UN to run the world.
An exception to what? I've read this article a few times, and I really don't understand the claims of this "commission." The fact is that the wall was built well within the boundaries of their property. Is the commission stating that their authority over property is, in effect, an easement well onto their own property?
What really pisses me off is the attitude of the US representative, in saying a) that he's got the job for life and can't be fired, and b) that they're not a government commission, and therefore not subject to laws or the Constitution.
IMHO, if an international entity is operating on US soil, it's subject to the laws of the US. Since these people are NOT diplomats, no diplomatic immunity is assumed.
Why did you omit the tar and feathers? Seems to me Schornack is a prime candidate for that part of the treatment.
Maybe he didn’t say the ‘magic word’.
“Okay. Bushs firing of Schornack has restored me to his alliancebut only tepidly; Im still waiting for the pardon of the Border Patrol Agents.”
No worries, Dianne Feinstein’s working on that one.
There, fixed it.
Dennis Schornack needs a year in jail, in general poulation, always knowing that one year after entering the jail, he will die by firing squad. Bet the guy is a democrat, doing BS that conservatives refuse to do...
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