By Commissioner Fred Brummer
When you think of the erosion of your rights as a citizen of Florida and the United States, which do you think of first? Which of your rights is under the most pressure? Which of your rights can you afford to give up?
The answer to the third question is easy. We can afford to give up none of the guarantees of the U.S. or Florida constitutions.
No matter where the right is spelled out I don’t want it taken from me. Unfortunately we have a tendency to give away our rights. The responsibility of government, according to Thomas Jefferson, is to prevent citizens from harming each another. It is the responsibility of citizens to decide what constitutes harm.
It would be interesting to survey people to determine perspectives on the erosion of their rights. One could predict the responses by their perception of that person or group. How would women respond compared to men? Would young people respond the same as older folks? What would journalists say compared to attorneys? More interesting to me would be, “do people even care?”
Second Amendment supporters would say that the right to keep and bear arms is under the greatest attack. They may be correct. Our Second Amendment guarantee is under great pressure, but it is my opinion that the right that has suffered the most erosion is the right to own and use private property. I believe it is this right that we are bent to give away, and when we don’t give it away fast enough, it is taken from us anyway.
The momentum of private property law is toward collectivism rather than individualism. We limit our property rights through zoning laws, comprehensive land use plans and redevelopment law. We give away our property rights to home owners’ associations and condominium associa-
tions. Coercive utopians usurp, for what they think is our best interest, the rights we do not immediately surrender.
This loss of American property rights is in the country where 75 percent of the people are homeowners. Our country was founded on the principle of private ownership of land. The land in our country has never been owned by a King. I realize that the land of which I speak was confiscated from residents that preceded the arrival of Northern European settlers. However, the present owners are losing their right to use the land by their choice or that of their neighbors.
Jefferson is correct, government must prevent the citizenry from doing harm to each other and, therefore, zoning laws are appropriate. What you do on your property does have impact upon my property. If you build a palace next to my hut, your palace may increase the value of my hut. If you build a rendering plant with no odor suppression next to my humble abode, even my hut is devalued.
People should consider their neighbors when they use their property; however, often they don’t. From the need to protect the citizens from each other, comes the propensity to regulate the use of private property. From the grand idea that our communities will appear better if we decide as a group how they should look, comes community development restrictions and redevelopment plans.
Leon County and the City of Tallahassee have what are called “canopy roads.” Canopy roads are streets where the trees are mature and their tops shade the width of the road. There is an ordinance restricting what you can do with your property when it borders a canopy road.
Recently, much has been said about the problems of “sprawl.” We thought we were moving to the suburbs but we learn we are a danger to the environment because we create sprawl. There is conflict between the great American dream of individual home ownership and concern about the growth of suburban communities. Here enters those I refer to as “coercive utopians.” These people decide how your life will be better whether you like it or not.
A recent decision by the Federal Supreme Court stated that property owners did not have to be compensated for the loss the use of their property. Some saw this as defeat; however, the James Madison Institute’s President, Edward Moore, was comforted that the court chose not to make new law. That should mean that the item is left to our congress and legislatures to decide the issue. I agree that it better to not have a decision in favor of the property owner than for the court to make new law.
The pressure on the second amendment right is gaudy and has a high profile in the media. The erosion of private property rights is much more subtle, continuous and pervasive. While the right to keep and bear arms is in constant jeopardy, the right to own and use private property is declining at an increasing and alarming rate.
Fred Brummer is the county commissioner for Orange County, Fla., District 2. |
