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A Bad Day for Municipality-Bureaucratic Overreach

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new-logo25Chuck Frank
lightofthenaation.us

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Just in case there are a number of property rights advocates out there who are farmers, ranchers, and others who own private property, there is light at the end of the tunnel for you because of a recent landmark Supreme Court case which favored private property owners. (Koontz v. St. Johns River Water Management District, U.S. Supreme Court, No. 1447.)

In the ruling which was argued by the Pacific Legal Foundation(PLF), Sacramento, on behalf of Coy Koontz, governments, may owe compensation to property owners who are denied permits to develop their land. In effect, the ruling was a very serious blow to local governments and their vast municipality-bureaucratic overreach. In this case, the St. Johns River Water Dept. was stripped of its sainthood…demoted. It was a bad day.

An agencies requirements to pay fees or other payments as a condition of permit approvals will now be subject to heightened scrutiny. The decision becomes a revolutionary change in the law.

In the 18 year old battle, Florida declared much of the Koontz 15 acre parcel as protected wetlands and this became the basis of a “takings” claim which is a term used when government either denies a person the use of their land or requires them to give up some of their land, or else pay money to protect wetlands elsewhere which was in the case of Koontz.

Well, it didn’t fly and the extortionate demands were thrown a curve. Paul Beard, principal attorney with the PLF, who argued Koontz’s appeal, said the decision “raises the bar for governments to extract money from owners of land, homes or businesses, even if it may be to serve the public good.” Paul Beard went on to say, “This case reaffirms the principle that government must show a connection between what it asks for and what the property owner wants to do. Governments don’t have Carte Blanche any more to say, ‘Give us $100,000 and we’ll give you a permit.’

In summary, municipal empires have regularly used encroaching environmentalism and administrative law to bully their way into property rights disputes. A planning hierarchy such as St. Johns River has now been shown to be an unjust government entity which far exceeded its bounds. The U. S. Supreme Court ruling is a victory for those advocates of private property rights.

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http://www.pacificlegal.org/releases/PLF-statement-on-Koontz-property-rights-victory-at-the-Supreme-Court

www.supremecourt.gov/opinions/12pdf/11-1447_4e46.pdf

http://www.reuters.com/article/2013/06/25/us-usa-court-property-idUSBRE95O0XM20130625

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“Save America – Deport an Environmentalist”

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from – The Parallax Prophecies –

By Ron Ewart, President

National Association of Rural Landowners

and nationally recognized author on freedom and property rights issues.

We are helping to spread freedom and liberty around the globe.

© Copyright Sunday, March 25, 2012 – All Rights Reserved

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“Never before, in the history of America, has a movement done more to destroy individual liberties and property rights, as has the environmental movement. In the name of social justice and environmental protection, as crafted by the United Nations at the Earth Summit in Rio de Janeiro in 1992 under the Agenda 21 Accord and signed off by over 160 nations, including the United States, radical environmentalism has become a planet-wide, quasi-religious cult, that survives by propagating myths, lies, distortions and propaganda, for the sole purpose of stripping America of its resources, its wealth, its freedom and its sovereignty. In an evil public-private partnership with government, it moves by stealth, subterfuge, indoctrination and political and legal skullduggery. It fills the heads of little children with misinformation and fear. The movement is extremely well funded by national and international interests, is powerful and politically influential and has managed to brainwash an entire planet with scientific hogwash and end-of-the-world scenarios, to scare a naive populace into submission, capitulation and eventual slavery. It is a worldwide, money-making, snake-oil con game that is sucking the very life out of liberty. Radical environmentalism could very well be more dangerous to American freedom than all of the Islamic terrorists combined. We either tame it or defeat it, or, in the end, radical environmentalism and its evil brother, social justice, will bury America in the deep and forgotten grave of its final resting place as a third-world nation in an oligarchy-elitist-run, socialist model, global government.” Ron Ewart

NOTE: And the UN is at it again! Rio + 20, a sequel to the Earth Summit in Rio de Janeiro in 1992 which gave birth to Agenda 21, is now scheduled for June 22, 2012. Preliminary conferences are already underway in preparation for Earth Summit 2 and America is participating. They even have a day counter on their website, counting down to the June 22nd conference, labeled as: “____ number of days to the future we want.” But the real questions are, who is “WE” and what kind of “future” are they talking about? “WE” certainly isn’t the American people and “their” future would likely dissolve American sovereignty. Check it out HERE!
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We have a saying:
“Protecting the environment is laudable.
Trashing the Constitution to do it, is treasonous!” More

Historic Supreme Court ruling allows the Sacketts to fight EPA takeover of their land

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Submitted by: Heather Gass

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March 21, 2012

Contact:
Damien M. Schiff                                 James S. Burling
Director of Litigation                          Principal Attorney
Pacific Legal Foundation                   Pacific Legal Foundation

“This is a great day for Mike and Chantell Sackett, because it confirms that EPA can’t deny them access to justice. EPA can’t repeal the Sacketts’ fundamental right to their day in court.”

— Damien M. Schiff,
PLF Principal Attorney
WASHINGTON D.C.; March 21, 2012: In a precedent-setting victory for the rights of all property owners, the United States Supreme Court today held that landowners have a right to direct, meaningful judicial review if the U.S. Environmental Protection Agency effectively seizes control of their property by declaring it to be “wetlands.” More

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