Protect Your Property Rights

Become very familiar with the new laws your cities and counties have enacted.  These new laws were created as part of UN Agenda 21 implementation. Agenda 21 determines that private property ownership is unsustainable.  The new laws herald the beginning of the end of private property ownership and must be stopped and reversed.

Study your Land Use Plans, Zoning Codes, Easements, Sidewalks, Watershed and Underground Lines, EPA Wetlands, Eminent Domain, Property Tax Abuse, Conservation Easements, Water Rights, Endangered Species, Sales Tax

Land Use Plans

Your city and county have been directed by State law to produce Land Use Plans.  These requirements come from UN Agenda 21 implementation initiatives by way of grants with strings attached, also seen as federal bribes to get States and local governments in line to approve plans that limit your property rights and add fees and fines. These Plans limit what you can do with your land. In the past, growing cities grew outward.  Farmland was sold to make subdivisions.   This tends not to be the case with most Land Use Plans. The new Plans give government control over your property and diminish your property rights. They are cookie-cutter plans that are all the same and have been implemented nation-wide.

Zoning Codes

Under Agenda 21, Zoning Codes are excessive.  Past codes simply prevented a land owner from putting a pig farm next to your home.  These new zoning codes are tied to the Land Use Plans and may freeze zoning or limit development dictating the size of lots.  Past codes were more flexible than the new ones.

Easements

When you bought your property, you should have received a Plat, that’s a drawing of your lot.  The Plan may include an easement line if your property abuts a main road.  These easements are excessive in DeKalb County.  Some are 40 or 50 feet from the centerline of the main road.  If you have a Plat with an easement, you should get the official copy of your Plat from DeKalb County Recorder of Deeds Office.  If a dispute arises, the county’s copy is the official copy the judge will rely on.   If your easement seems excessive, you should see what can be done to get it reduced. 

Also get a Plat of your subdivision to see if easements vary while abutting the same road.  Your easement was “granted” by the builder, who is long gone and it was a permanent gift to the government.  

Easements belong to the government, but you still pay the taxes on their property as if it was really your own.  If your government wants to widen the road, they can “take” the easement and remove your trees and your fence and pay you nothing for your easement.  It’s when the government goes beyond your easement that they may own you some money for taking your property. The 40 to 50 foot easements are not needed and in most cases could be reduced to 20 to 25 feet to accommodate the addition of lanes and sidewalks.

If any homes on the “easement-bearing road have the side of their home facing the easement, look at those plats.  If their easement is shorter, that’s the easement you want.  It makes no sense to have easements vary from the same road. 

Changing your easement may require a change in State Law, because cities and counties will want to view your builder’s land gift as permanent.

Remember, if government screws up, allows overbuilding and creates its own congestion, they will want you to pay for the fix.  So, they won’t cut your easement in half just because you asked them to.

Sidewalks

You may be the victim or beneficiary of a new government installed sidewalk because the government doesn’t want us to drive anymore; they want us to walk or take public transportation. 

Be aware, that these sidewalks, although costly, are often not installed to last.  Your government might say that from now on, sidewalk repair is at your expense and they can force you to repair it.  Happy now ?

Watershed & Underground Lines

You should get a copy of your subdivision Plat showing all underground pipes and cables.  This includes your sewer pipes, water distribution lines, gas lines, and watershed that includes your storm sewer pipes, creeks and lakes. This will help you to know where not to dig and help you understand your critical infrastructure.  All you can see now are the manhole covers. 

A Plat will help you fill out the picture. You may notice that your storm sewer empties out into a creek that empties out into a lake that empties back into a storm sewer pipe.  You may also notice that the sewer main line goes under the road or through your property.  You should also know where these lines are that are on your property.

You may be horrified to learn that your city or county doesn’t have these Plats, or that they are out of date or inaccurate.  Again, you should check to see what State Law requires.

The sewer line coming out of your house and going to the street is yours to repair.  The old sewer lines last about 40 years and they fail because of tree roots. They cost about $4000 to replace.  Your water line is usually pulled apart by the heavy equipment your contractors used to replace your sewer line.  That costs about $1000 to replace.

Gas line breaks are always handled by the gas company. But the gas lines inside your home should be handled by a contractor.

Other interesting things like wells and buried fuel tanks may be lurking under your lot.  Check county records to see if they appear on their Plat or Description.  A mere 100 years ago, your subdivision was a farm.

EPA Wetlands

If your lot contains a “wetland” you can’t build anything on the wet part. In the old days, you just hauled in dirt and made it “not a wetland”.

Eminent Domain

Yes, government can seize your land, but until recently it only did so when they had to put in or widen a road or highway.  Now they can do it to build a city hall.  Also, if they condemn you property or you don’t pay you property tax on time, they can seize it.  They love to do this. 

Property Tax Abuse

Counties have appraisers who go around and revalue property to calculate property taxes.  Some are good and some are not.  If your property is overvalued, you can appeal.  In past years, they would ignore you. However, Georgia passed the following bill:

House Bill 197 allows the State Revenue Commissioner to appoint an Appraisal Review Board in the event there is evidence that calls into question the methods used to determine a county tax digest. If such a review board is formed, it shall be composed of three members all appointed by the Commissioner including one employee of the Department of Revenue and two county appraisers. The Review Board shall issue a written report of its findings which may be grounds for the withholding of certain local assistance grants.

A 7% property tax increase in Fulton County and 100% increases in lake front property tax in Hall County have caused voter anger.

Conservation Easement

Warning to Farmers:  Don’t sign a Conservation Easement.  If someone from the county offers you one in exchange for a break on you property tax, order them off your property. These agreements give government the right to come back later and tell you that you can’t raise cattle or plant crops or sell produce or do whatever you were doing.  Your land becomes worthless

Water Rights

Water rights are linked to property rights.  If land owners lose their water rights their property becomes worthless. If government fails to keep up with water supply needs or starts messing with your water, don’t ignore it.  Farming in several counties in California ceased when government diverted water to save the snail darter and water was restricted in Atlanta because of the Florida mollusks. 

Endangered Species

Like Wetlands and Water Rights the Endangered Species Act may adversely affect your property value.

Sales Taxes

In Georgia, your State Sales Tax is 4%.  You County Sales Tax will be 2% or 3%.  Your SPLOST tax will be 0 to 1%. Your total Sales Taxes will be 6% to 8%. 

SPLOSTs

Government is trying to get a 1% Sales Tax SPLOST in Cobb County for projects that are normally handled by property taxes and general fund revenue.  This is a stealth property tax.  SPLOSTs have been successful for public schools so far, but voters are weary and may start to vote no.

MARTA Tax SPLOST

Fulton County, DeKalb County and the City of Atlanta all carry a 1% MARTA tax to subsidize public transit.  Efforts to expand this to Gwinnett County and Cobb County have failed, but Clayton County will add this to their ballot.

Investment Property Value Killers

Commercial property owners have lost fortunes after the EPA designates all or part of their land as a “wetland”. Other federal agencies like the Bureau of Land Management, Interior Department and Army Corp of Engineers have closed farms and fisheries costing owners millions in losses.

Farm Property Value Killers

The federal government has taken to seizing your water and land use rights using Land Use Plans, Conservation Easements, Banned Livestock Orders, or simply taking your land because the government wants it.

Government bans on Russian Hogs in Michigan and attempted to discourage raising free range chickens in Georgia suggest that States could go after farmers and order them to destroy their herds. Politically connected competitors may be promoting these schemes.

Government water shut offs have caused farms in California and entire towns in Western States to close. 

Private land next to government land is in danger of losing livestock due to “wildlife preserve replenishment” of predatory wild animals.  It is a crime to kill some of these animals. Farms close and owners lose fortunes.

Norb Leahy, Dunwoody GA Tea Party Leader