Property Rights

The US Constitution states that the Federal government can only own land and buildings necessary to fulfill their enumerated powers and it is required to pay “fair value” if it purchases land.  State Constitutions contain similar statements.  So, how did the Federal government seize 30% of the US land mass and how do States and local governments seize land through condemnation and eminent domain and seize it so easily for failure to pay taxes ?  How did public space and property come about and who owns it and why do some things not seem right about it ? 

The States are not barred from owning property for public parks in woods and mountains on beaches and lakes and surrounding unique natural venues.  The US Constitution would support States owning land, but not the Federal government.

Private property has always included bars from entry and trespassing on private property is against the law, but easements, set-backs and sidewalks violate these traditional private property rights.  Easements are typically granted by land developers, who are temporary owners of the property.  These easements are often excessive and set-backs are always imposed on a Plat of land.  Buyers are limited in using the land within these easements and set-backs, but they continue to pay property tax for the entire lot.  When cities and counties take these easements to widen streets or install sidewalks, they are not required to pay the property owners for their land.

If cities and counties had to pay “fair value” for easements taken to create “public property”, this “property taking” would be more equitable.  Taking 20% of the yard of a home valued at $300,000 on the tax rolls would cost the city or county $60,000.  The value of the property would then be reduced to $240,000 and the seller would no longer be responsible for the property tax for that sold parcel.  The seller should also have the option to sell the house to the city or county for $300,000 and the city or county could try to sell it for $240,000.   It doesn’t work that way, but it should.   

Property taxes have posed a problem for property owners.  The analysis that determines the value of the property should be sent to the property owner to approve or challenge.  It doesn’t work that way, but is should.

Sidewalks have their own history.  Often cities and counties build the first sidewalk and then passed laws making the private property owners responsible for maintenance and inspection fees.  This brings its own problems as “public space” encroaches on privacy and property owners are required to maintain the privacy violation.

Property taking laws need to be revisited, particularly in Atlanta where narrow 2 lane roads were built, privacy ruled and sidewalks were avoided and now the streetscapes, walking paths, on-street bike lanes, trollies and sidewalks seem unstoppable.  Our alternative is to get the hell out of town as quickly and quietly as we can.

If the cities and counties had acquired the land needed for roads, sidewalks and their expansion, utility easements could be on city and county land.  Building setbacks and height limits have some value, but should take boats and RVs into account.  Potential homeowners with these may need to live in exurb counties where they could park their boats and RVs on their property.

Norb Leahy, Dunwoody GA Tea Party Leader