THE PARAGON FOUNDATION
PRESS RELEASE
Alamogordo, New Mexico
Office of Public Relations
505-653-4024
For Immediate Release: 27 July, 2000
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A Bill Too Far
by Jeff Goodson
This article made possible by a grant from the Paragon
Foundation
Government wants your money, liberals want your
freedom, and environmentalists want your land. Now all three have teamed up to
push new federal legislation that would suck up private property like a black
hole gone crazy.
Government owns 40 percent of the American landscape.
Environmentalists think more land should be saved from its owners, and that
government should simply buy it outright. Absent enough money to buy all the
land that they covet, environmentalists believe that the next best thing is to
keep landowners from using their property through the imposition of wetlands,
endangered species and similar regulations. Or through purchase of
use-restricting easements, also known as "dead-hand control".
Most rural landowners, conversely, think private
property should be protected from government and the environmentalists.
Specifically from the environmental, scenic and historic preservation programs
that threaten property ownership, restrict property use, degrade property
resources, increase property management and development costs, and reduce
property value.
Mostly unsophisticated in the ways of the land wars,
property owners have been unsure how to fight back against the environmental
programs that threaten them. Their typical response has been to try to
legislatively fix the endangered species and wetland regulations most
responsible for the problem. That has proven impossible, though, as politicians
have demonstrated repeatedly how low rural communities rank on their list of
priorities. Consequently, many landowners now think that their only recourse is
to either go to litigation or to cut their losses and sell. At fair market
value, of course, as required by the just compensation clause of the fifth
Amendment.
The Conservation and Reinvestment Act (CARA) now before
Congress would establish a 15-year off-budget appropriation of about $3.0
billion per year. Of the total, more than $15 billion would be used to buy land.
Chances for passage of the bill are iffy. If it fails, the status quo will
continue to drip-feed the anti-environmental, anti-government resentment that
has spread across rural America from Canada to the Keys. Environmentalists will
keep lusting after land they don’t own, government will keep taking
land it won’t buy, and landowners will keep paying taxes on land they
can’t use. Worse, if it passes, CARA will stoke the flames of rural
resentment like gasoline on an open fire.
A better option is to pass CARA with three provisions.
First, no net loss of private property. For every acre acquired by government,
another acre would be returned to the private sector. Second, only land with
endangered species or wetlands would be eligible for acquisition. Much other
land is hamstrung by environmental, scenic and historic preservation
restrictions, but these two programs are by far the most damaging. And third,
payment of just compensation for the land acquired. At fair market value, of
course, unencumbered by the devastating impact of endangered species and
wetlands on property value.
Environmentalists would get the best of this deal
because more of the land they covet would be acquired by government—regardless
of how environmentally damaging government "stewardship" can be. What
they would lose is the fig leaf that when government takes the use of private
property for public use, it’s not really a constitutional taking of
use. But there’s no free lunch, and at the end of the day you have to
pay for what you condemn.
Landowners would get the raw end of the deal because
they would still lose their land and their legacy. But at least they would get
just compensation, rather than endless abuse at the hands of the U.S. Fish and
Wildlife Service and Corps of Engineers.
The environmentalists’ war on rural America
now permeates every corner of the country. It tears at the foundation of the
Constitution, and it eviscerates the compact between government and the people.
Too many families already have been destroyed, and too much faith in government
lost, in the rape of rural America. Now, demographically outgunned, rural
communities face trampling by a suburban majority hell-bent on nationalizing the
American landscape.
Bitterness runs deep, and many rural Americans already
think that the time for constructive engagement is past. If CARA isn’t
fixed, they could have a lot of company.
Jeff Goodson is president of JW Goodson Associates,
Inc., a Texas property consulting company specializing in property threat
assessment and response. He can be contacted at (800) 998-8481, or via
e-mail at jwgoodson@aol.com.
The Paragon Foundation is a constitutional
property rights non-profit organization located in Alamogordo, N.M. For
information and a free subscription to the foundation newsletter, the
Paragon Powerhouse, call toll free 1-877-847-3443.
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