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Posts Tagged → private property

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.

 

 

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.