property rights

...now browsing by category

 

Barbed Logic

Friday, October 31st, 2008

Bill Malcolm has grown potatoes, onions, asparagus and other veggies in his garden in Marlbrook, Worcestershire, for eight years. Unfortunately, in the past four months he has been burgled three times. Thieves stole £300 worth of garden tools. (That’s not weight, that’s British currency.)

So Mr. Malcolm erected a wire fence with a row or two of barbed wire on top. To discourage thievery.

A professional thief could make short order of the fence. But our English gardener figured that it wasn’t the pros who had stolen from him. So he proceeded.

And then came the Bromsgrove district council, which ordered the gardener to take down his fence . . . or have it be taken down by force of law.

Why?

The local government was afraid it might get sued by a thief who scratched himself on the barbs of the wire.

The fact that the thief would have been in the wrong, for trespass and for intent to steal, that didn’t matter to the council. They were only afraid of being sued.

They gave friendly advice to Bill Malcolm: Not to leave his tools at his garden, in the shed, but to take them home with him.

If you think this is idiotic, I haven’t told you the punch line. That same government, a few weeks before, said not to lock sheds, in case burglars damaged them while breaking in.

It’s nice to know what government is for, eh? That is, insanity.

This is Common Sense. I’m Paul Jacob.

Light Rail, Too Heavy for Developers

Thursday, October 30th, 2008

American city planners tend to obsess over trains. Though not nearly as economical as buses, light rail trains are regarded as the gold standard in public transportation.

But ten years after Portland established its westside line, just how bad an investment light rail can be is becoming clear. So argues John A. Charles, Jr., president of the Cascade Policy Institute.

The area’s light rail system is called MAX. The westside line put up in 1998 maxed out at $963 million. Taxpayers nationwide footed nearly three-quarters of the bill, which went through over the protests of the Federal Transit Authority.

The FTA didn’t like the route, because it was run through a lot of empty area. Why? Because planners hoped that developers would build high-density housing along the line, thus justifying the route as time went on. It was a grand experiment in metropolitan planning.

Metro planners then cajoled and forced various city governments to redo their zoning laws to make the high-density developments more train-dependent. They specified an extremely scarce supply of parking.

And the developers? They stayed away in droves. As a landowner put it, “it’s never been developed” because of that very “mandated lack of parking.”

Government geniuses might think they can force people into the types of communities that people don’t want, like people were lab rats. Peculiar thing is, folks just naively thinking they are free, tend not to jump aboard that train . . . so to speak.

This is Common Sense. I’m Paul Jacob.

© Is for California

Friday, September 12th, 2008

You might think that there’s nothing a government won’t try. You’d be right. But I was near stupified to learn that the state of California copyrights its laws. And it’s not alone.

The state tries to control — through copyright — how you can access its laws, where and how you store them, etc. The state makes available its building codes, plumbing standards and criminal laws online, but requires you to ask for permission to download them!

The state’s out to make money. It charges $1,556 for a digital version, more for a print-out, and makes nearly a million dollars a year selling what is legally ours.

Yes, what’s ours. We are a nation of laws, not of men, and we have the right to own and reprint our laws as much as we want. The purpose of copyright is to ensure private parties can maintain some control over their intellectual property. But the laws themselves are, in point of elementary political theory, the intellectual property of all. Not of state bureaus.

Thankfully, heroic Internet technician and mover and shaker Carl Malamud believes in government transparency. And he, unlike Al Gore, really worked to help build the Internet.

On Labor Day Mr. Malamud published the whole California code online. Available for free.

Obviously, Malamud is spoiling for a fight. Good. He should win it. He has, after all, the law (if not the state) on his side.

This is Common Sense. I’m Paul Jacob.

The Redding Alternative

Wednesday, September 3rd, 2008

Ever since the U.S. Supreme Court ruled in 2005 that it is constitutionally okay for states and towns to grab property for pretty much any reason at all, citizens have been trying to prevent governments from doing so.

The track record is spotty. Officials and private interests who like to grab private property are aware of public outrage over the court’s decision. So they often support “protections” against eminent domain abuse with loopholes you could drive a truck through.

In a recent California election, two alleged property-protection measures were on the ballot. Proposition 98 was the real deal. Proposition 99 was the fake. Unfortunately, the phony measure was the one that passed. It was the measure that had by far the most advertising, being bankrolled (you guessed it) by land-grabbing special interests.

Friends of property rights can eventually try another ballot measure. Meanwhile, voters and elected officials in towns and counties can act independently to protect property owners, as the town council of Redding, California, has done. By a majority of three to two, the council voted to forbid officials from grabbing property just to flip it to another private owner.

Redding Councilman Ken Murray, who proposed the new law, says he wanted “to make it really hard for some future councilperson to willy-nilly take property from one person and give it to another just to jack up our revenue.”

Great move! Let’s hope it works.

This is Common Sense. I’m Paul Jacob.

Two Pols vs. the People

Monday, September 1st, 2008

Governor Deval Patrick laid his cards on the table pretty plainly when he vetoed a home rule petition from the town of Amesbury, Massachussetts.

Had Patrick signed off, the town could have adopted tougher restrictions on the use of eminent domain than the state as a whole. In fact, the town would have banned the use of eminent domain to transfer property between private parties.

Patrick says he rejected the petition because of “significant opposition to this bill at the local level.”

That opposition certainly isn’t coming from property owners worried about developers trying to grab their land.

As for Amesbury voters, they passed the measure to submit this petition at the ballot box, and it was unanimously approved by the town council. Then it made it through the state legislature before reaching the governor’s desk. About a month before he vetoed it, Governor Patrick himself voiced support for the bill when he was in Amesbury.

Of course, the persons who want a free hand to grab property whenever they like are the ones who oppose the petition. These include the current Amesbury mayor, Thatcher Kezer, who says there’s “no need” for Amesbury to differ from the rest of the state when it comes to stomping on property owners.

Deval cites such opposition as if it could justify his contempt for Amesbury voters and their property rights. But politicians like Kezer will never voluntarily relinquish the power to rob their neighbors.

Unfortunately, that’s common sense.

I’m Paul Jacob.