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Tricky issue of property rights put to the test in Morgan County

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Ratcatcher
Friday, May 28, 2010: 6:55 am
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Amen X 3! Another great editorial from the paper!

I am tired of hearing about "property rights". When it infringes on other property owners (neighbors) rights it is time for something to be done. Owning property doesn't give you free reign to do whatever you want. Just like owning a car doesn't give you the right to drive it any way you want. Being a property owner comes with responsibilities just like being a parent. Popping out a baby doesn't give people the right to raise and care for that child any way they want to.

Neighbors shouldn't have to buy bug spray and rat traps for a hoarder any more than neighbors should have to buy food and clothes for kids whose parents are out spending all their money at the local bar. How many of you wouldn't hesitate to call the authorities about a child living in substandard conditions but you believe in "live and let live -it is his property" when it comes to this situation? Some people care more about a man's worthless trashpile being "stolen" but have no sympathy for a mom that has her children taken away. Parental rights are revoked every day in this country (and usually for good reason) and I don't see a problem with having someone's ownership rights revoked if they choose not to follow the same rules every other property owner complies with.

A Hoosier
Tuesday, June 1, 2010: 2:40 pm
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Thus, the reality we must contend with is one in which the Fourth Amendment, which guarantees that we are to be free from unreasonable searches or seizures by the government, is on life support. Yet those who drafted the Bill of Rights, the first ten amendments to the Constitution, considered freedom in one's home the most essential liberty.

Deeply concerned about preserving personal liberty and property rights, the Framers believed those rights to be of paramount importance�even over public safety. In such an environment, citizens were seen as equals with law enforcement officials, and authorities were almost never permitted to enter one's home without permission.

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Scott Gregory
Wednesday, June 2, 2010: 2:52 pm
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I fail to see how this is a fourth amendment issue. Citizens are free from unreasonable searches and seizures. Three years of court activity indicate a clear judicial process was followed; Mr. Walters chose to ignore the court's directives and is now paying the price. He was treating his property as a dump, which is clearly against virtually every municipalities laws. Type his address into bing.com and zoom in on his property. It looks like a junkyard. If he had 80 acres in the middle of nowhere, I doubt this would have occurred. Living next door to an elementary school with nice houses all around is a different issue. This wasn't a land grab by the county, simply a county enforcing reasonable laws meant to protect the rest of the community.

A Hoosier
Wednesday, June 2, 2010: 3:29 pm
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Over time, however, that instinctive distrust of government has given way to a false sense of security rooted in the belief that the government is looking out for our best interests. Thus, as our complacency about the need to actively and personally defend our freedoms has increased, the government's commitment to respecting our Fourth Amendment rights has dissipated.

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nobodyimportant
Wednesday, June 2, 2010: 6:30 pm
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Good post Scott. It is refreshing to see some common sense view being posted instead of the more typical "the govenment's out to get you" nonsense. There is no such thing as total liberty or freedom. People need to realize that what they do affects others, whether it is good things or bad things. We need to maximize the good impact we have on others.

A Hoosier
Thursday, June 3, 2010: 2:04 pm
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I am a strong constitutionalist, extremely strong. My country was founded on the principles of the Constitution of the United States of America. Men of my country and men of my family have fought for those freedoms all through out the time of my country.

On my desk everyday, are a copy of the Declaration of Independence, The Bill of Rights and The Constitution of the United States of America. On my end table, in my living room, are a copy of the Bible and a copy of the Constitution of the United States of America and the Bill of Rights. So, you see the words in these documents are how I base my beliefs and principles. Without these words my country is not my country. Some look at these words lightly. I, however, take them straight to the heart.

The one thing that I know to be true is that we are responsible for our freedom. Not the government, neighbor, solider, not our mother or anyone else. I am responsible for my own freedom. The founding fathers were very clear about that. �That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,�

�The people� have allowed the words in these documents to be mangled, marred, and manipulated. Attention is denied to federal, state, or local governments who trample these documents; inches are given, which become feet, than miles.

Nowhere in the Constitution, Bill of Rights, or Declaration do I see any thing about seizing a man�s property because it is ugly. Laws should be about loss-such as loss of life, loss of property, or loss of personal liberty. You will claim that there is a property value loss; I would have to see that, show me proof. Until you have proof, it is merely a claim, nothing more. You will also claim that rats were reported in the neighbor�s house. Again, I will need proof. I will need proof that they came from the �ugly house� and not the school, the field, or from some other place. Until you can give me proof, this again is merely a claim and nothing more. So without proof, you have made a criminal out of man who has ugly things.

We in America have to tolerate ugly. I do it all the time; I�ve seen some of the ugly attitudes. To me, attitudes can be more ugly than this man�s yard and seriously more detrimental to society. Especially, when one calls them self a Christian when persecution is all they seek, then names that persecution commonsense.

Seizing a man�s property is a serious occurrence. That property is protected by the Bill of Rights. Article the sixth (Amendment IV) The right of the people to be secure in their property, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Unreasonable seizure. This man�s property was seized because it was ugly. That is not reasonable. The word reasonable is defined as sensible, rational, evenhanded, and levelheaded. This is also not universal across this county. There is example after example of ugly property that has not had the privilege of a visit from Mr. Hale. Unreasonable is defined exceeding the bounds of moderation, absurd, and difficult to deal with. The Warrant for this man�s seizure obviously did not particularly describe the items to be seized, which is also required by the Bill of Rights, or he would still own his lawnmower. (I DO NOT give my consent to have property taken from individuals because it is ugly.)

For those of us who wish not to give inches when it comes to the words of the Bill of Rights, or the Constitution of the United States of America, or the Declaration of Independence this is a sad event. We have suffered a loss of freedom for all Morgan County Residents.

A precedent has been set here. If I can find enough people to claim that your property depreciates the value of mine/ours and who will also claim that there are rodents coming from your property onto mine/ours, we will be able to have the county come revise your property. We will be able to site this case as the example for which we are making our claim.

Peace, Liberty, Happiness and Life

Phantom
Friday, June 4, 2010: 12:42 pm
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Even considering the possibility of a "camp" of this type is a sad commentary for the direction our country is moving. To allow this is to condone the "camp".
Do the names Sodom and Gomorrah ring a bell? God will not be mocked! We, from the President on down, will be held accountable for our actions. There is a much higher Court which will pass judgement. One where the ACLU and liberal judges rulings will be overturned.
Unfortunately, with all of the education at our disposal, our leaders are too ignorant to acknowledge that the more ungodly we become, conditions worsen,crime increases, and the unnatural becomes natural!

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