There are fundamental principles upon which our republic was
founded that are so critical that they are inviolate. Principles so primary,
that the elimination or subordination of them diminishes and minimizes the
nation, and even our community. Individual property rights are among those.
Our Declaration of Independence, which codified the Lockean
Creed, declares, “We hold these Truths to be self-evident, that all Men are
created equal, that they are endowed by their Creator with certain inalienable
Rights, that among these are Life, Liberty and the pursuit of Happiness.” The
Lockean Creed substitutes “pursuit of Happiness” with “property.” Ownership and
control of private property are at the very core of these principles, without
which people are not citizens, but are merely subjects of whatever government
is in power over them.
The Idaho State Constitution in
Article 1, Section 1 embodies this when it declares in Article I section I, “All
men are by nature free and equal, and have certain inalienable rights, among
which are … acquiring, possessing and protecting property…”
In the context of the current debate over open spaces and
completion of the Portneuf Greenway, that one line, “acquiring, possessing and
protecting property” should discourage the city fathers from following the
recommendations of special interest groups in the city from forcing greenway
completion through the exercise of eminent domain. Especially when coupled with
Idaho Code Title 7 chapter 7 section 701a which specifically prohibits the
transfer of private property through eminent domain when it is used as a
pretext to transfer that property to any private organization.
The ultimate determination in the issue should be the Idaho
Constitution itself, which states in Article 1 Section 14, “RIGHT OF EMINENT
DOMAIN. The necessary use of lands for the construction of reservoirs or
storage basins, for the purpose of irrigation, or for rights of way for the
construction of canals, ditches, flumes or pipes, to convey water to the place
of use for any useful, beneficial or necessary purpose, or for drainage; or for
the drainage of mines, or the working thereof, by means of roads, railroads,
tramways, cuts, tunnels, shafts, hoisting works, dumps, or other necessary
means to their complete development, or any other use necessary to the complete
development of the material resources of the state, or the preservation of the
health of its inhabitants, is hereby declared to be a public use, and subject
to the regulation and control of the state. Private property may be taken for
public use, but not until a just compensation, to be ascertained in the manner
prescribed by law, shall be paid therefor.”
There is no allowance within that article that can be
construed to include completion of a bicycle and pedestrian path! The property
owners along the Portneuf are fully supported by the Constitution to preserve
and protect their private property rights. As a blogger on the Journal website
recently stated, “A nature walk doesn’t trump private property rights.”
Ours is a country of laws, and the primary codex upon which
those laws are founded are embodied in the Constitution. That document, along
with the State Constitution, clearly explicates and delineates the minimal
authority of a government, and whatever powers of government were not
identified in the Constitution were reserved unto the states or the citizens
collectively.
George Swenson’s letter to the editor earlier this week
provided great insight into how these unconstitutional concepts can grow and trump
fundamental principles of property ownership rights. Based on his experience in
California, before “escaping” to Idaho, he “had direct experience with this
concept. Yes, it starts out innocently enough, an advisory board to recommend
purchases of small amounts of land for nice things, like bicycle trails, parks,
and other wonderful and popularly supported uses of land.”
“But, by design and not by accident, the concept grows.
Large tracts of land are bought to preserve, you guessed it, open space. The
“advisory” board is given taxing authority, special assessment districts are
contrived in a way to force homeowners to pay for more purchases, and soon the
Open Space Authority (so much for advisory) has more land than can be
maintained — so fences are put up and the public is kept out.”
He concluded his letter, “I would strongly urge the mayor
and City Council of Pocatello to reject this cute little reptile before it
grows into the monster it was bred to become.”
This is just one more example of government, at any level,
overstepping their constitutional and legal bounds for the sake of a “good
idea.” Is the greenway a good idea? Yes, of course, but good ideas don’t trump
legality and fundamental constitutional principles. It’s imperative that all
levels of government revert to doing what is lawful and principled and not
acting simply on “good ideas.”