Government Abuse

Easements, Eminent Domain, Property Seizure, Excessive Fines, Penalties and Permits

Easements are usually granted by developers to give cities and counties the right to seize private property to expand roads and build sidewalks without paying the property owner for the property.  These easements should be factored in to the price of property before you buy.  If you have a 1 acre lot, but a 50 foot easement, you really only have a ¾ acre lot.  Many easements are excessive and can be found on the Plat that describes your lot. If you don’t have a copy of your Plat, you should be able to get one if you go to the Property Records Department in your County.  Easements are also granted for “utility” use.  Telephone poles and trenches that carry wires to your home for electricity, phone and cable service are in your Easements.  Utilities are free to cut your trees and dig new trenches or erect new poles or locate phone equipment relay boxes in your Easements. These are also found in the “roads to nowhere” that cut through your property to lakes or electrical power stations.

Eminent Domain was established to allow government to seize your property to expand roads and build sidewalks. Eminent Domain has also been used to seize you property to build “beltways” to connect parks and establish commercial districts and metro transit train stations. This has been overused in the past and has resulted in the theft of private property, but new legislation that claims to protect private property may discourage this practice. Over the past decade, cities and counties adopted UN Agenda 21 land use and zoning policies that interfere with private property rights. They may declare a “character area” in your strip mall and impose their own designs on the property owners.

In rural areas, the pipelines currently being constructed to carry oil and natural gas normally involve permission from property owners in exchange for payments to the property owner. Property seizure by government action exists in “Conservation Easements” that give rural land owners a tax break, but in agreeing to these, the land owner can no longer determine how the land will be used, the government decides how the land will be used. 

Law enforcement and government agencies have seized property from citizens when it is suspected that the citizen has broken the law.  Citizens have had cash seized from their vehicles and homes with no due process and have had trouble recovering their cash from these agencies when no crimes are discovered.  Businesses with “suspicious” bank records can find their bank accounts seized by government agencies with no notification or warning.

State legislatures allow cities and counties to collect excessive fines for traffic violations and late auto insurance payments.  It costs $1500 if you are reported to Police that your auto insurance payment is late. They will stop you and impound your car. Tickets for not coming to a full stop can cost $200.  Very large intersections with stop lights and cameras are traps.

Cities and counties have increased fees and fines for ordinance infractions. You will need permits from your city or county before you can replace your roof, driveway, water heater, HVAC unit, electrical or plumbing repairs. Your contractors are required to secure these and you will pay an additional fee to have these repairs and replacements inspected by the city or county staff. Many cities and counties require permits to remove your trees from your yard and will not grant a permit to rebuild your deck if it is too close to a creek.  The UN Agenda 21 stream buffer requirements have been adopted by cities and counties. In some cities you get a fine for digging a hole in your yard to plant a tree or a bush. You also need a permit to modify your sprinkling system or you get a fine.

The regulatory requirements for opening a business have expanded to the point that it could cost $200,000 to open a bakery. That is why you don’t see any family businesses opening in larger cities.  You only see franchise and large company owned eateries going up and down.

Contractors are charged big fees by cities and counties when they apply for permits and zoning changes. These costs are passed on to the property owners.

Norb Leahy, Dunwoody GA Tea Party Leader