Rudy Herndon’s March 7th opinion piece raises the subject of land use controls, especially those of property owners associations. Maybe Rudy could bring the subject closer to home, and question the validity and usefulness of the land use laws of Alamosa county government. But even that would not address the root cause for the existence of land use laws throughout the U.S. The root of the matter is that human beings are selfish, conceited, evil lazy heathen hypocrites who profess to worship some form of god that supposedly teaches them to love their neighbor, but then they deny their neighbor the right and privilege of using his own private property as the neighbor desires. This is not only hypocritical, but violates the highest laws of the land, the U.S. Constitution and amendments which proclaim in the ninth and tenth amendments that all the rights NOT explicitly given to the federal or state governments are reserved to people. So unless the right to create land use regulations for private property can be found in the Constitution of the U.S., no state constitution or local government formed thereunder may lawfully create such rules.
Yes, we know government is instituted to maintain law and order among the population, but the only valid reason for any people to band together and form some sort of governmental entity is to prevent themselves from being harmed. We all see the validity of laws that keep one neighbor from dumping his sewage directly onto his neighbor’s property and similar flagrantly harmful actions. Where we enter the slippery slope of regulation is when the neighbors gather together and a “majority” of them decide they have the right to regulate a future possible harm, one that is intangible but theoretically is possible. An example is the belief that rural homeowners whose sewage that isn’t presently causing any identifiable harm to any human being must nevertheless be regulated, by various types of septic systems or even a establishing a public wastewater treatment plant and forcing everyone living within a specific area to pay dues to join their sewage club!
This is the evil part of human nature, because government by its very nature involves the use of force and compulsion to gain compliance with its mandates. This is why our nation was founded with a constitution that was very limited in nature and attempted to limit the spread of government, so people could control their own destiny. However, as the rural nature of our country changed into citified folks who are controlling the election of people to positions of authority, the people have used democracy to vote for things that cater to their special interests to the harm of freedom for the general population. City folk choose to live in a confined area and to give up their right to control their own water, sewer, construction of buildings, etc., all because they do not have the desire to take care of themselves—they want government to spread the cost of producing drinking water, for example, among all of their neighbors. Maybe this is more efficient at times, but it should never be done by using force, by compelling your neighbor to join your “water club” or abide by any other land use laws. This is what Rudy documented in his article, that a lady who painted a child’s playhouse improper colors was acting unlawfully.
Some say we “voluntarily” move into a city or property owners association and therefore are voluntarily submitting to their laws, but the Constitution says the right to control land runs with the land, and therefore any “deed or covenant” type of land restriction is invalid. Think of it this way: where does a land developer get the right to build houses and sell them under a property owners covenant, which contract is supposed to bind all future owners of that property to the covenant? When the courts upheld such land use covenants, they violated the ninth and/or tenth amendments of the U.S. Constitution—not the first wrong or unlawful decision by a court, but one that has cost us the loss of freedom to use property as the owner desires.
So how do we get our personal freedom back to use our own real estate? It’s probably not possible for the few of us who want to live out our lives by assuming personal responsibility for our lives and land, to out vote the masses of city folks who want to give their rights away to government control, which at the same time is taking our rights. Can we move to some place on earth where people are not inherently evil and will allow us to control our own personal property freely? No, because we had that situation in the U.S. for many years before the masses of government lovers overcame the rural freemen of society. That is what would happen in the next place we move as it would be corrupted by people moving there who vote to enslave themselves and everyone else to governments regulations. Perhaps the most free place a person can live, is in a jail cell, because as the inmates often say when the government jailor givens them an order, “What are they going to do to us, throw us in jail?”
Or another way to look at it is that after we have lost everything, then we will be free—but I have a feeling we won’t like the way government treats us at that point.
After all, there is little accountability when government sewage systems overflow and cause massive fish kills and other harms to the public, because government is the antithesis of personal responsibility. Which will you choose—to give me freedom or give me death by government?