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Posts Tagged → buffer

A win for the little guy

Government’s role is to serve the people.  America is a people with a government, not a government with a people.  The people – their needs, their interests, their rights – come first in all things.  Our Constitution prohibits government behavior that is arbitrary, capricious, abusive, or uncompensated taking of private property, among others.

Any American who loses sight of these limitations has fallen into the easy trap of promoting government over the people.  People in both main political parties fall into this trap, because both main parties have largely lost touch with the US Constitution (and the Pennsylvania Constitution) and its daily meaning for American citizens.

Last night the Pennsylvania state senate passed HB 1565, which amended through law a procedural environmental rule issued in the last days of the former Governor Ed Rendell administration, in 2010. The rule created 150-foot buffers along streams designated High Quality and Exceptional Value, and removed that buffer land from nearly all uses.  No compensation to the landowner was provided.  Allowing the landowner to claim a charitable donation for public benefit was not allowed.  Higher building density on the balance of the property was not allowed. The buffer land was simply taken by government fiat, by administrative dictate, totally at odds with the way American government is supposed to work.

And the appeal process afforded to landowners under the rule was onerous, extremely expensive, and lengthy.  It was not real due process, but rather a series of high hurdles designed to chase away landowners from their property rights.  Everything about this rule was designed to make the government’s job as easy as possible, and the private property owner’s rights and abilities as watered down as possible.

The 150-foot buffer rule represented the worst sort of government, because it did not serve the people, it quite simply took from the people.  The 150-foot buffer rule was blunt force trauma in the name of environmental quality, which can easily be achieved to the same level myriad other ways.  The rule was the easy way out, and it represented a throwback to the old days of the environmental movement and environmental quality management when big government, top-down, command-and-control dictates were standard fare for arresting environmental degradation.

That approach made sense when polluted American rivers were catching fire, nearly fifty years ago.  Today, a scalpel and set of screwdrivers can achieve the environmental goal much better, and fairly.  Supporters of the rule claimed that voting for HB 1565 was voting against environmental quality, which made no sense.  Environmental quality along HQ and EV stream corridors could have easily been achieved with a similar, but innately fairer, 150-foot buffer rule.  It saddens me that my fellow Americans could not see that simple fact, and instead sought to stay with a deeply flawed government process until the bitter end.

I know the people who both created and then championed the rule.  Some of them are friends and acquaintances of mine.  Their motives and intentions were good.  I won’t say that they are bad people.  Yes, they are mostly Democrats, but there were also plenty of Republicans involved in designing it and defending it, including former high level Republican government appointees.

Rather, this rule was a prime example of how simply out of touch many government decision makers have become with what American government is supposed to be, and it adds fuel to my own quest to help reintroduce the US and Pennsylvania constitutions back into policy discussions and government decision making so that we don’t have more HB 1565 moments in the future.

 

Two private property rights bills before PA legislature

Pennsylvania private property rights are under the gun right now.

HB1565 would provide a small fix to a patently unconstitutional regulation issued by PA DEP four years ago. That regulation takes 150 feet of buffer land from property owners adjoining Exceptional Value and High Quality streams.  Pretty much nothing can be done inside that buffer.  No compensation is paid, no tax write-offs are allowed, no charitable contributions are allowed or facilitated under this horrendous rule.

Smart Growth tools have long called for rewarding land owners who give up usage of private land for environmental purposes. Increased building density on the non-buffer land is a big reward and an incentive for landowners to contribute protected land to the greater good.

But the current regulation is not focused on working with landowners. Rather, it treats landowners like a piggy bank, which can be robbed whenever needed.

Protecting the environment is easy to do. Old fashioned top-down, command and control, big government, one size fits all regulations like the 150-foot buffer rule don’t protect the environment any better than carefully tailored rules. It’s not like this is a choice between environmental protection or none at all.

So encourage your state senator to vote for HB1565.

The other issue is SB76, which will provide relief to property owners who are being taxed out of their homes by teachers unions. Government school taxes account for about 80% of the annual property taxes paid, so dealing with government pensions and government unions bargaining positions should help alleviate the pressure on home owners and farmers.

Encourage your state representative to support SB76, which will lower private property taxes and reshape the way taxes are allocated.

Private property is supposed to be sacrosanct. I’d suggest anyone supporting the 150-foot buffer rule simply give up their front lawn to the neighborhood as a public play area. Put your money where your mouth is, or quit demanding that other people’s money get spent in ways you think are superior than the owner would spend it.

When the government just takes your land

About four years ago, Pennsylvania state government created a new regulation setting aside 150-foot buffers on waterways classified as High Quality and Exceptional Value.

This means that 150 feet from the edge of the waterway up into the private property, it’s designated as off-limits to most types of disturbances.

The purpose was to protect these waterways from the effects of development.

The end result is an obviously uncompensated taking of private property by the government. When the government takes a tape measure and marks off your own private land and says you can’t do anything with this huge area, or a road is going through, you’re simply taken advantage of. You’re robbed. It’s Un-American.  It’s unconstitutional.

Pennsylvania is a great state. I love living here. It’s saddening to see such top-down, command and control, clunky, one-size-fits-all regulations in this day and age. We can do so much better than this approach.

To start, create incentives for landowners to go along. Give tax credits and write-offs for land taken by government.

Do we all want clean air, soil, and water? Sure. Breathing, eating, and drinking clean air, food, and water are necessary to surviving. But that’s not the question.

The question is HOW we pursue those goals.

Requiring American citizens to simply give up their investments, with no compensation, creates losers in a system that was originally designed to make everyone a winner.

Instead of pitting government against the citizens, we need policies and laws that help and serve citizens, that are fair to citizens. That is by definition good government.

This current 150-foot buffer regulation is by definition bad government.