Erosion of American Rights

While most Americans are concerned, and rightfully so, about jobs and losing their homes, Congress and specifically local governments, are taking rights not meant to be touched, ever. Our homes are supposed to be untouchable by local governments but they are increasingly being taken for the profit of others. I’m talking about the use of imminent domain: the right of a local government to take a home and property for the public good. The Supreme Court has upheld this decision on numerous ocassions throughout the United States. The key words are FOR THE PUBLIC GOOD. In most cases this means taking the peoperty and selling for pennies to a developer for more cookie cutter homes or a strip mall. That is considered for the public good because that generates more taxes than a single home.

I won’t name names because of the legal liability, I don’t want to be sued, but will mention specific cases. During the construction of widening a major freeway through town, a certain Colorado city used imminent domain to seize not only homes but businesses as well. The seizures began long before construction and in many cases the homeowners didn’t want to sell, they had 20 – 30 -40 years in their homes and didn’t want to move. I can understand that but the government didn’t. In more than one case they moved the homeowner out while demolishing the home around them. In a recent case, a farmer had acreage he used to grow hay that was outside of city limits and under county jurisdicton. He didn’t want to sell because the property had been in his family for generations. The county had other ideas. Using another little known statue, they declared his property blighted (a term used when imminent domain doesn’t work) and unsuited for the use he put it to. The county prevailed in court and he was ordered to sell the property to the county at a fraction of its true value. Almost immediately the county sold the proerty to a developer and contruction began on a houseing delevopment. Sad but true.

Now we have another little know law being used against homeowners, the right to collect rainwater for private use. In Colorado, it is illegal to divert water from its natural course. You can not collect it into barrels for use in your garden, that’s illegal. It seems that our water laws are written so that every drop that falls from the sky belongs to someone, just not the homeowner. Collecting the water deprives someone down the line of their rightful share and that’s illegal. Many homeowners have been cited for diverting the water. Collecting the water means that it doesn’t drain into the storm drains, it doesn’t flow to the nearest river or creek, it doesn’t get to the farmer or rancher down the line and that is depriving them of their rightful share of water. Big no-no.