Posts Tagged → private property
US Army Corps of Engineers: America’s Black Hole in Need of Cosmic Level Fixing
Because it is a relatively small part of our big military and kept in a dusty back room far from the shiny B-2 bombers, the US Army Corps of Engineers has been off the radar of legislators and commanders-in-chief alike since George Washington ended his presidency.
But in the intervening 250 years since its founding, the USACE has gone from building bridges for troops and cannons, to aggressively stealing private property rights and forcing a Marxist environmentalist agenda on domestic citizens under the guise of “civil works.” Of all the federal agencies I have dealt with professionally and personally, including USEPA where I worked for seven years, the USACE has had the biggest mission creep in the worst directions of all. So, for USACE’s 250th birthday this year, can we please give Americans a gift of freedom, and see this most hidebound, insular, destructive, over-reaching, and unaccountable agency finally get the keelhaul overhaul that Americans deserve?
Not that I am rooting for Navy here, but our sacred Army has no business getting its good hands dirty with the USACE’s lawlessness. Big change must happen there, and with fresh new appointees from the Trump Administration, hope should be on the horizon. I hope these appointees are tough as nails, because they are facing a deeply entrenched bureaucracy as jealous of its ill-gotten power as any other federal agency has been, and they have the arrogant, dismissive staff culture to show for it.
USACE “manages” 12.5 million acres of formerly private land, much of it associated with water projects for hydropower, flood control, and public recreation. Sounds useful and wholesome enough: Waterskiing, fishing, hiking, families picnicking, with downstream communities protected from heavy rains up in the watersheds. Problem is, most of USACE’s flood control lakes are heavily silted in and barely functioning as advertised or designed. And probably 95% of this enormous land collection was obtained at gunpoint, through eminent domain against private American landowners, including the Seneca Nation, who still have a formal land treaty with the US government that was reached with George Washington himself, and which the USACE violated.
Absolutely nothing and no one is sacred to the USACE; not the US Constitution, not us citizens, not our property rights.
Anyone familiar with federal eminent domain knows it is rife with abuse and below-market values forced on private landowners for the most frivolous purposes. And while some federal agencies will attempt to reach willing-seller-willing-buyer agreements before going nuclear, the USACE just used legal sledgehammers against American landowners right from the get-go, because screwdrivers have never been in their toolbox.
But the situation is worse than just USACE’s rampant takings of privately owned lands that could have easily served the USACE’s goals while remaining in private ownership. Back in the 1950s-1970s good ol’ days of “Big Government Knows Best,” when the agency was most active, the USACE also stripped many of its condemned properties of their valuable subsurface oil, gas and or mineral rights, too, without paying for them. Not content with taking the surface rights for managing surface water, the agency simply took what it wanted and dared the beaten-down landowners to try to beat them in government courts. Today, millions of Americans are deprived of substantial and highly valuable subsurface private property rights at nearly every single USACE water resource project. These oil, gas, and mineral rights should be in their families’ private ownership, but are wasting away under USACE theft and neglect.
A group of military engineers and their civilian hangers-on have no business running public recreation facilities on American soil. The USACE’s job started as support of military combat troops in 1775, and it is incredible that we are having this discussion in 2025. The marrying of USACE hydroelectric dams and flood control facilities to public service recreation has not worked, because the agency’s staff developed a culture of untouchable bullies. The US military is not supposed to operate on American soil, for damned good reasons, but the USACE does so, with predictably bad results.
USACE is over-ripe for huge change. At the very least USACE needs the deep cleaning treatment of staff and structure that chief administrator Lee Zeldin is doing over at USEPA. USACE’s “civil works” must be spun off to actual civilian oversight and management in the agencies that have historically done this kind of public service and natural resource management. Nearly all of USACE’s physical assets should be moved to the Bureau of Land Management, the National Park Service, and the US Forest Service, all of which have much better track records dealing with public service than the USACE. Which is saying a lot, because all of these federal agencies have had real rough patches in their public land management history and public service interface cultures, too.
Josh First wrote his 1991 master’s thesis on the USACE’s nationwide water resource projects, and, ironically, has randomly ended up owning substantial acreages adjoining two USACE water resource projects in Pennsylvania as an entrepreneur. He will write about his own related experiences with USACE in future essays.
This essay originally appeared at American Thinker.
Purple woad. Or why hunting leases
Leasing land to hunt on is a big thing these days, and there is no sign of the phenomenon decreasing. Most of it is about deer and turkey hunting.
Hunting leases have been popular for a long time in states with little public land, like Texas, but the practice is now spreading to remote areas like suburban farms around Philadelphia and Maryland. So high is the demand for quality hunting land, and for just finding a place to hunt without being bothered, and so limited is the resource becoming, that leasing is a natural step for many landowners who want to get some extra income to pay their rent or fief to the government (property taxes aka build-a-union-teacher’s-public-pension-fund).
Having been approached about leasing land I own and manage, it is something I considered and then rejected. If a landowner at all personally enjoys their own land themselves, enjoys their privacy there, enjoys the health of their land, then leasing is not for you. Bear in mind that leasing also carries some legal liability risk, and so you have to carry sufficient insurance to cover any lawsuits that might begin on your land.
Nonetheless, some private land is being leased, having been posted before that. And the reason that so many land owners are overcoming the same hurdles that I myself went through when considering land leasing, is that in some cases the money is high enough. Enough people want badly enough to have their own place that they can hunt on exclusively, that they are willing to pay real money.
Makes you wonder what kind of population pressures and open land decreases America has seen over the past fifty years to lead to this kind of change in land use. Makes me think of one anecdotal experience.
On the Sunday of Memorial Day Weekend of 2007, I drove up to Pine Creek to dig the footers for our barn. All the way up I shared the road, in both directions, with two motorcyclists headed in my same direction. That is it. In addition to my pickup, a grand total of two vehicles out for a Sunday drive in the country were on Route 44 and Rt 414.
Fast forward 13 years and my gosh, Pine Creek Valley has nonstop traffic in both directions at all hours. It does not matter what the time of day or night is, there are vehicles going in both directions. And not just oversize pickup trucks possibly associated with the gas drilling occurring around the area. Little tiny dinky tin can cars are going up and down the valley, too. There are literally people everywhere here now, in what had been the most remote, undeveloped, quietest corner of rural Pennsylvania. Even if you go bear hunting on some sidehill in the middle of nowhere up in Pine Creek Valley, you will encounter another hunting gang or two. Which for bear hunting is actually a good thing, but the point being that there are people everywhere everywhere everywhere in rural Pennsylvania.
OK, here is another brief anecdote. Ladies, skip ahead to the next paragraph. About ten years ago I was fishing on the north end of the Chesapeake Bay. When I was finished for the day, I drove back north toward home. At one point I had an urge to pee, so I began looking for a place I could pull off and pull out, without offending anyone. Yes, I have my modest moments. And you know what? The entire region between The Chesapeake Bay’s northern shores and the Pennsylvania Mason-Dixon Line, is completely developed. Like wall-to-wall one-two-three-acre residential lots on every inch of land surface. At the one place that finally looked like I was finally going to get some relief, I stepped out of the car and was immediately met with a parade of Mini Coopers and Priuses driving by on the gravel road to their wooded home lots. There was literally people everywhere, in every corner, in every place.
So what happened here?
There are more people and there is more land development, both of which leading to less nice land to hunt, fewer big private spaces for people to call their own, and so that which does exist is in much higher demand.
Enter Pennsylvania’s new No Trespassing law. AKA the “purple paint” law.
Why was this new law even needed? Because the disenfranchised, enslaved Scots-Irish refugees who originally settled the Pennsylvania frontier by dint of gumption, bravery, and hard work had a natural opposition to the notions and forms of European aristocracy that had driven them here. Such as large pieces of private land being closed off to hunting and fishing. And so these Scots-Irish settlers developed an Indian-like culture of openly flouting the marked boundaries of private properties. Especially when they hunted.
And this culture of ignoring No Trespassing signs carries forth to this very day.
Except that now it is 2020, not 1820, and there are more damned people on the landscape and a hell of a lot less land for those people to roam about on. Nice large pieces of truly private land are becoming something of a rarity in a lot of places. Heck, even the once-rural Poconos is now just an aluminum siding and brick suburb of Joizy.
So in response to our collision of frontier culture with ever more valuable privacy rights, Pennsylvania now has a new purple paint law. If you see purple paint on a tree, it is the equivalent of a No Trespassing sign. And if you do trespass and you get caught, the penalties are much tougher and more expensive than they were just a few months ago.
And you know what the real irony is of this purple paint stay-the-hell-out boundary thing? It is a lot like the blue woad that the Celtic ancestors of the Scots and Irish used to paint their bodies with before entering into battle. Except it is now the landowner who has painted himself in war paint.
Isn’t life funny.
Some thoughts on PA deer season
We are already halfway through our two-week deer season in Pennsylvania, and already many hunters are discussing the merits of the first-ever Saturday opener. Pennsylvania has had a Monday opener for many decades, and where I grew up not only did the schools close on that Monday, there was a festive atmosphere that was palpable for the week leading up to it.
Gotta say, both Saturday and Monday were the quietest first days of deer season that I have ever heard. Very few shots heard either day, an observation made by a lot of other hunters.
One cannot help but wonder if the holiday atmosphere and the special quality of taking a work day off to gather together with family and friends to hunt has been lost with the Saturday opener. Yes, it would be ironic, because the change was done to expand hunting opportunities, given that most people do not work on Saturday like they do work on Mondays. But for many hunters it seems that having deer season now begin as just another weekend event of many other weekend events caused it to lose its specialness.
We shall see from the deer hunting results!
Separately, Pennsylvania now has a both a new trespass law and a new private land boundary marking law. Private land can now be marked “POSTED – NO TRESPASSING” by simply painting a vibrant purple paint stripe at least eight (8) inches long and one inch wide every 100 feet along the boundary of any private property. Seems that I am not alone in having my Posted signs ripped down by jealous jerks. Seems like I am not alone in working really really hard to create good whitetail deer habitat on my land, only to have some jealous people decide that it is so unfair that they can’t take advantage of all my hard work and also hunt there. So they rip down Posted signs and help themselves to my land and the land of many, many other private property owners.
Last Saturday we experienced a hunter trespassing on us, along with his young son. Why they would expect to be allowed to pass through the middle of our property, a place we hardly ever go because it is a deer sanctuary, is beyond imagination. They literally walked right through a long line of Posted signs, as if they did not exist. Their thinking seemed to be “So what if we ruin your hunting? We are simply trying to have a good hunting experience ourselves.”
But someone’s good hunting experience should never come at the expense of someone else’s hunt, especially if it results from trespassing on their property.
Think about it this way: A property owner spends all year toiling to make his property attractive to deer, and he creates sanctuaries around the property where not even he will go beginning in September, so the deer can relax there and not feel pressured. And then someone else who is not invited decides that they either want to hunt on that same property, or they want to pass through it to get to some other property, like public land. When they pass through, they disturb the deer and greatly reduce the quality of the hunting there.
Is this OK behavior?
As someone who works hard on his property to make it a quality hunting place, I can say that it is not OK behavior. It is a form of theft; trespassers are stealing from private property owners.
Dear trespassers – do you want people stealing from you? No? OK, so then you know how we feel when you steal from us. Don’t do it!
It will be interesting to see how the new trespass law and the new boundary marking law begin to change one of Pennsylvania’s least desirable cultures – the culture of defiant trespass. That just has to change.
Hope everyone has a productive, fun and safe rest of the season. When it is over, we begin our trapping season and small game hunting.
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.