Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts

Wednesday, June 14, 2017

Eminent Domain and Property Rights

If you ever wondered how entitled to your land and how cocky your elected board of supervisors are in regards to your property, all you have to do is watch the short video clip of such a “civil servant” from Dallas City Council, frustrated that she cannot confiscate for pennies on the dollar via eminent domain, the property of a wealthy Texan who had the money to fight them for years.

Monty Bennett owns the East Texas Ranch LP which has been in his family since 1955 when it was purchased by his grandparents. Tarrant Regional Water District wanted to run huge pipes through his property and he did not want the family land altered by the digging and wildlife affected by the 84-inch pipes. He sued them under Civil Action No.2014C-0144.

It was reported that Bennett tried to speak to the TRWD but “they refused to see him.” To protect his land, Bennett did something that even a famous Roman tried to do in order to avoid paying taxes to the Roman Empire, he buried a fly on his property with pomp and circumstance. Bennett actually built a final resting place on his property. Texas Law 711.035 exempts cemeteries from “taxation, seizure by creditors and eminent domain.”

There is one “public servant” in support of Bennett’s fight, Henderson County Commissioner Precinct 4 Ken Geeslin, who does not like the idea of eminent domain. He is quoted as saying to the Athens Review, “First off, I am not in favor of eminent domain. The government can come take property that may have been in a family for generations. I just can’t see that being right.”

Non-governmental organizations (NGOs) often make contracts with property owners in exchange for grant money or reduced taxation. They are called “easements.” These NGOs are distributing grants to landowners strapped for cash who often enter into them in perpetuity, unable to do much to their land unless the NGO approves.

The property owners who have agreed to the terms of the pipes running through their property did not understand the size and the scope of the digging and the amount of mud excavated in the process. Geeslin said, “I don’t understand why they have not looked for alternative routes for the pipeline. They could possibly find a route that would not affect so many people.”

As it stands, the city was forced, after much litigation and expense in court to the tune of millions in taxpayer dollars, to alter the plans and to move around Bennett’s property. The Dallas City Council was asked to settle the case with Bennett out of court.

Sandy Greyson, District 12, was beside herself with indignation that she could not take a rich man’s land who had enough money to fight them in perpetuity. She did not believe that it was fair that Bennett had so much money and could fight them in court when “ordinary people, who cannot afford to fight the city of Dallas,” lose their property. It seemed outrageous to her that she could not take his property too. She said, “He’s fought us for years and has cost Dallas taxpayers millions of dollars.”

 “I’m not blaming anyone that we’re settling this case, but it’s just infuriating that if you’re rich enough, you can hold the city hostage for years and get what you want. There’s something really wrong with that,” she said. She did not see anything wrong with taking someone’s property that the City Council did not own, it was just wrong because she could not take everybody’s property.

As reported, the government is a victim because it no longer wishes to spend money on court costs or cannot afford to, in order to “force a citizen to give up land he does not want to sell.” http://www.sott.net/article/352989-City-council-in-Texas-furious-they-cannot-just-take-mans-land-who-is-rich-enough-to-fight-them

We understand the need for land in order to build highways, schools, hospitals, and interstates but, when the government intercedes on behalf of commercial businesses, claiming that the public good’s economic benefit exceeds the interests of the property owners, is an entirely different issue.  A business should pay for the land competitive market prices if the land owner is interested in selling.

Confiscating the land by condemning a poor neighborhood in order to build a shopping mall, a hotel, a bike path running in front of a person’s house and through an old beloved magnolia tree, cut down without permission, or a parking lot, is problematic at best, particularly when the local government gets to decide what a fair price for the land in question is.

The councilwoman obviously did not have in mind “the greater good” claimed by eminent domain for the people in her precinct. She just wanted landowners to bend to the Council’s wishes sooner rather than later.

 

 

Sunday, October 19, 2014

Quarantine Quandary

Photo courtesy: Facebook Timeline Photos
As the ISIS crisis is conveniently ignored right before the election, the main stream media is focusing on the next crisis, the Ebola spread and the schizophrenic response from the CDC. Meanwhile Congress is silent, waiting for guidance on what opinion they should form before they actually do the job they were elected to do, legislate to protect the best interests of the American people.

The Congressional Research Service has issued a report on October 9, 2014, RL 33201, outlining the federal and state quarantine and isolation authority. Jared P. Cole, Legislative attorney, overviewed the state and federal public health laws in regards to the “quarantine and isolation of individuals” when individual liberties will be restricted. http://fas.org/sgp/crs/homesec/RL33201.pdf

The state public health authority is derived from the Tenth Amendment. The federal public health authority to “prescribe quarantine and other health measures” is derived from the Commerce Clause, a clause that gives Congress authority to regulate interstate and international commerce.

Cole describes two measures that can be undertaken by health authorities in order to prevent those infected with or exposed to a contagious disease from infecting others:

-          Quarantine (separating individuals exposed to an infection but “not yet ill” from those who had not been exposed)

-          Isolation (separating “infected individuals” from those who are not infected)
http://www.flu.gov/planning-preparedness/federal/pandemic-influenza-implementation.pdf

The state health departments have primary quarantine authority.  (Cole, RL33201, p. 4)

“The federal government may assist or take over the management of an intrastate incident if requested by a state or if the federal government determines local efforts are inadequate.”  http://www.cdc.gov/ncidod/dq/sars_facts/isolationquarantine.pdf

Who is responsible for preventing the outbreak and spread of an infectious disease in the U.S.?

The Secretary of Health and Human Services has the authority granted by Section 361 of the Public Health Service Act to make and enforce regulations “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States.” (RL33201, pp. 4-5)

The HHS Secretary has broad authority to “apprehend, detain, or conditionally release a person.” The Secretary can only do so with communicable diseases that are included in the Executive Order 13295 of April 4, 2003. The diseases listed are cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers (including Ebola), severe acute respiratory syndrome (SARS), and influenza viruses with the potential to cause a pandemic.

The HHS Secretary transferred quarantine authority in 2000 to the Director of the CDC. Measures for interstate and foreign quarantine are now under CDC’s Division of Global Migration and Quarantine. http://www.cdc.gov/ncpdcid/dgmq/index.html.

Federal regulations authorize the “apprehension, detention, examination, or conditional release” only of persons coming into a state from a foreign country.” Ship captains and airline pilots are required to report immediately the presence of ill passengers on board their vessels.  If found to be infected, such individuals may be detained for such time and in such manner as may be reasonably necessary.” (Cole, p. 5)

If someone becomes violently ill on domestic and international flights, pilots are required to notify before arrival the CDC Quarantine Station closest to their destination airport. Twenty such stations are located at ports of entry into the U.S., assisted by DHS in “the enforcement of quarantine rules and regulations.”

Since we have not stopped flights originating from West Africa where Ebola has reached epidemic proportions, the probability of such infectious persons arriving daily is very real.

The Director of the CDC is in charge of preventing the spread of communicable diseases from state to state.

Cole said, “To prevent the spread of diseases between states, the regulations prohibit infected persons from traveling from one state to another without a permit from the health officer of the state, possession, or locality of destination, if such a permit is required under the law applicable to the place of destination. (RL33201, p. 7)

Cole added that the Secretary of HHS can bar the entry of persons from foreign countries if the “existence of any communicable disease” poses a “serious danger” of entering the United States. The “suspension of the right to introduce such persons and property is required in the interest of public health.” The 2005 proposed rule for this statutory authority was not adopted. (70 Fed. Reg. 71892)

Then there is the Do Not Board (DNB) list which was developed by DHS and CDC and made operational in June 2007. To make this list a person must be:

-          Likely contagious with a communicable disease

-          Ignorant or non-compliant with the recommended medical treatment (such as someone with antibiotic resistant TB)

-          Likely to board a commercial aircraft or boat

At the state level, state police has the authority of quarantine and isolation; time and manner vary from state to state. Most quarantine state laws are 40-100 years old, lacking the contemporary scientific knowledge of communicable diseases. (RL33201, p. 10)

Can an individual have the right to challenge his or her quarantine or isolation?

Some courts recognize the petition for a writ of habeas corpus, to test the legality of the detention. “Often petitioners seek a declaration that the statute under which they were quarantined is unconstitutional.” (RL33201, p. 11)

Here are some legal challenges described in Cole’s  report:

-          Gibbons v. Ogden, 1824, the Supreme Court “alluded to a state’s authority to quarantine under the police powers”

-          Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of Health, 1902, “addressed a state’s power to quarantine an entire geographic area” (even though commerce was affected, the quarantine was not unconstitutional)

-          In another case, the court ruled that “it is ‘well settled’ that states may impose quarantines to prevent the spread of disease even though quarantines ‘affect interstate commerce’”

-          Miller v. Campbell City (leaking methane and hydrogen gases prompted an entire area quarantine which was broken by a resident who tried to go home; the court decided that the quarantine was not in bad faith or malicious)

-          U.S. v. Shinnick (a female passenger who could not prove vaccination after arriving from a smallpox-infected area in Stockholm, Sweden, was placed in isolation)

-          People ex rel. Barmore v. Robertson (woman who ran a boarding house and boarded an infected person, was quarantined in her home as a carrier of typhoid fever)

-          O’Connor v. Donaldson (man diagnosed with tuberculosis was hospitalized a few days in New York against his will; the court ruled that a “state’s police powers may confine individuals solely to protect society from the dangers of antisocial acts or communicable diseases”)

-          Wong Wai v. Williamson (San Francisco Board of Health “ordered all Chinese residents to be inoculated against bubonic plague, restricting their right to leave the city, citing nine deaths allegedly from plague. The inoculations were tainted, causing severe consequences.”)

-          Jew Ho v. Williamson (the quarantine was discriminatory since it applied only to Chinese residents, a violation of the Fourteenth Amendment; it questioned whether the plague actually caused the deaths)
http://fas.org/sgp/crs/homesec/RL33201.pdf

Cole raises the question of potential future legal challenges:

1.      Eminent domain

-          case of widespread domestic public health emergency, if the quarantine and isolation necessitate private facilities when medical facilities become overburdened

In August 2003, after a heat wave caused 11,000 deaths in Paris, the government took over refrigerated warehouses as temporary morgues.

The State of Washington, after a volcanic eruption, restricted access to a town near the volcano. The court declared the “exercise of police power permissible and did not require compensation.”
           

2.      Self-imposed or home quarantines

-          can a “state support a population asked to voluntarily stay at home for a period of time”

-          can a state provide “legal immunity to businesses asked to provide facilities for quarantine”

We have the power and rules in place for quarantine and isolation in order to safeguard the health of the people of the United States from illegal immigrants’ communicable diseases like Ebola and the enterovirus D68 which has already killed several children. Instead, Congress is busy playing politics with people’s lives in order to win elections and to support this administration’s immigration policy. Scanning someone’s temperature at the airport is a sick joke.

We are not stopping flights from the affected Ebola zones, and illegal alien children from Latin America are still entering through our southern border, and are still being dispersed among our healthy children. Our soldiers, highly trained for war but sent to West Africa to play doctors, are going to be placed in quarantine in Liberia in the event they should become infected with Ebola, while potentially sick West Africans are still given visas every day to fly to the “racist” United States for first class treatment.

 

 

 

 

 

 

 

 

 

Monday, May 26, 2014

Shenandoah National Park, A Storied Past

Mary's Rock Tunnel
On a sunny and breezy May day with baby blue skies and cotton ball clouds, we embarked on a drive to Shenandoah National Park’s scenic roadway. Skyline Drive follows the crest of the Blue Ridge Mountains for 105 miles to elevations ranging from 591 feet in the northern part of the park to 4,049 feet at Hawksbill Mountain, and an altitude of 3,650 feet at Big Meadows with its Lodge constructed in 1939. The park is located only 75 miles from the crowded northern Virginia and Washington, D.C.

For ardent hikers, there are over 500 miles of trails. For drivers, there are 75 breath-taking overlooks. The park’s 101-mile hiking stretch of the Appalachian Trail rests on movable tectonic plates. Rocks born from the compression of these tectonic plates shaped the Grenville range with “ancient rocks that form the base of the Blue Ridge Mountains in and around Shenandoah.”

What geologists call “basement rocks” can be seen in Mary’s Rock Tunnel, Old Rag Mountain, and Hazel Mountain Overlook. A thin stream of water is flowing on the rock at the edge of Mary’s Rock Tunnel.  It was cut in 1932 through 600 feet of mountain granite (granodiorite) with a clearance of 12 feet, 8 inches. For three months, workers repeated the process of “drill, blast, and clear.” When they broke through to daylight in January 1932, visitors drove through almost immediately. As historian Darwin Lambert explained, the tunnel was designed “partly for show and partly to eliminate extensive scars and expensive rock retaining walls.”

“Greenstone” formations from lava flows 1.2 billion years ago can be seen in Stony Man, Crescent Rock, Indian Run Overlook, and on Skyline Drive.  “White quartzite” formations at Calvary Rocks testify to sediments from the Iapetus Ocean billions of years ago.
“Trace fossils” were left behind from an ancient ocean worm.

The Blue Ridge “shunts water east or west into one of the park’s three major river systems – the James, the Shenandoah-Potomac, and the Rappahannock.” According to the National Park Service, “Millions of residents from Newport News to Washington, D.C., drink water that originates within Shenandoah’s boundaries.”

The beautiful vistas, the breathtaking landscape, the forests, the hollows, the meadows, the native and non-native fauna and flora are not exactly “wilderness’ – they are, as FDR said, “the joint husbandry of our human resources and our natural resources.”

A hawk gliding effortlessly over the 3250 feet drop, pushed up by air currents, drew my eye to the dark shadow projected by a white cloud over the forested valley below. It was a reminder that all this beauty before my eyes came at a heavy price that a lot of Americans before us were forced to pay. Millions visit and enjoy this park every year without knowing the sacrifice so many families were required to make.

Around the Big Meadow Lodge, a small deer was grazing on the edge of the road unafraid of the human presence. Shenandoah is home to several hundred American black bears which, luckily, we did not encounter. The most common animals are the white-tailed deer and eastern grey squirrels. Downy woodpeckers and indigo buntings are most commonly observed birds. Baltimore orioles depend on Shenandoah’s forests during seasonal migrations. The streams’ trout population was augmented artificially by 50,000 in the 1930s when game officials stocked the brooks. The rare Shenandoah salamander is the only federally designated endangered species. “Wildlife experts released white-tailed deer, wild turkeys, and a pair of beavers in the park during the 1930s.” A local man who shot the male beaver was arrested and imprisoned for three years.

Rich urbanites came to Skyland Resort in the late 1800s, long before the park was established in 1935. Skyland was a private mountain resort built in the late 1800s by George Freeman Pollock, a naturalist and conservationist. Skyland flourished for 50 years. George Pollock and his wife Addie built Massanutten Lodge in 1911. “Pollock was instrumental in choosing Blue Ridge as the site for the first national park in the Southern Appalachian Mountains. Shenandoah was authorized by Congress in 1926 and dedicated by President Franklin D. Roosevelt on July 3, 1936.” Pollock described the Blue Ridge as “beauty beyond description.”

Conservationist John Muir called for the creation of national parks as a way to preserve the most beautiful western landscapes. He wrote in 1914, “Thousands of tired, nerve-shaken, over-civilized people are beginning to find that going to the mountains is going home; that wilderness is necessity; and that mountain parks and reservations are useful not only as fountains of timber and irrigating rivers, but as fountains of life.”

In 1923, Stephen Mather, the first director of the National Park Service, lobbied for a national park in the East.

To escape the heat and stress of Washington, D.C., President Herbert Hoover and First Lady Lou Henry Hoover had their summer fishing camp built on the Rapidan River in 1928.

In 1924, the Southern Appalachian National Park Committee (ANPC) proposed a “possible skyline drive along the mountain top.” The Skyline Drive Historic District (1931-1951) has been placed on the National Register of Historic Places in April 28, 1997 by the Department of the Interior.

The Appalachian Trail founder Benton MacKaye described his idea of a 2,000 mile footpath in 1924 as “A wilderness way through civilization.” Today’s trail stretches 2,173 miles from Mt. Katahdin, Maine, to Springer Mountain, Georgia. One hundred miles of the Appalachian National Scenic Trail crosses Shenandoah National Park.

Facilities were built by Depression-era Civilian Conservation Corps (CCC) “boys” in the 1930s. The program FDR launched in his 100 days in office, the CCC, dubbed FDR’s civilian army and Tree Army, worked well. In addition to 3,702 Virginians, CCC hired a vast number of needy unemployed workers who received $30 a month sent directly to their families. These workers were supervised by the military and worked long hours to earn their pay. They were given uniforms, nutritious meals (most gained weight) and lived in camps. After work, mandatory classes taught them reading and writing and some vocational training such as electrician. Competitive events were held between camps during down time.

A 1930s forest study “suggests that most of its woodlands were in relatively good shape. Only about 14.5 percent of land proposed for the park remained completely clear of timber and most of the open tracts had been used for crops and pastureland.” (Shenandoah National Park Official handbook, p. 46)

“Park promoters George Pollock, Harold Allen, and George Judd had stretched the truth to the breaking point when they described the proposed park on the Southern Appalachian National Park Committee (SANPC) questionnaire. The land, they said, was ‘mostly held in large holdings’ and ‘absolutely free’ of commercial improvement such as farms, mines, factories, and development. However, the 327,000 acres surveyed in 1927 comprised over 3,000 separate tracts (only about 20 over 1,000 acres) with thousands of people living and working there.”

Congress had approved the project but no money was appropriated to purchase the land and promoters began a campaign to raise funds. Luray real estate broker L. Ferdinand Zerkel helped raise $1.5 million to acquire parkland. (Shenandoah National Park Museum)

The road to removal and relocation of the population residing within the proposed parkland included:

-          Virginia Governor signs Public Parks Condemnation Act (March 1928) – “The Act allows the Commission to take all the property in question without individual condemnation proceedings”

-          Virginia Supreme Court rejected the legal challenge to blanket condemnation by landowner Thomas Jackson Rudacille (October 1929)

-          Miriam Sizer proposes relocation for residents in April 1930 (Arno Cammerer of the National Park Service agrees and begins to lobby for relocation)

-          Residents of the park receive “Notices to vacate” (exceptions were made for ‘aged and especially meritorious’ residents) in January 1934

Miriam Sizer, a typical elitist, said, “The taking over of this area … means the scattering of a people who have a primitive comprehension of what law means and who have little sense of the responsibilities of citizenship.” She continued, “Thus the submerged mountain individual [is] irresponsible, untrained…unfitted to meet the competition of modern life…” (Shenandoah National Park Museum)

Sizer, a teacher hired in 1929 by George Freeman Pollock and some of his guests to run a summer “vacation school” in the Blue Ridge Mountains, invited two sociologists, Mandel Sherman and Cora Keys, to study her students. The sociologists hired Sizer to collect additional data and published a controversial report. Using questionable methods, the three “researchers” stereotyped the mountain residents who vehemently disputed their portrayal.  This bogus study was used to determine the mountain residents’ fate. “At her suggestion, the National Park Service hired her to produce additional data on some of the families who would be affected by the proposed park.  She then touted her ‘studies’ as proof the residents could not take care of themselves and began to advocate relocating the residents, promoting herself for a government position managing their relocation and finances.” (Shenandoah National Park Museum)

“Nothing further is recorded about Miriam Sizer in the Shenandoah National Park archives, but her sociological analyses continue to float to the surface, tainted with parochial and nativistic claptrap.”  http://www.nps.gov/shen/historyculture/miriamsizer.htm

According to park museum documents, one mountain resident described their lives as follows:  “We tended big corn fields, would go out on them Monday mornings and work in them ‘til Saturday nights and then go back in them Monday morning again.”

Removing people as permanent residents on the landscape was a stumbling block to the dream of building a large park in the East. There were promoted “fears” that excessive logging would forever alter the landscape. Residents used fire to clear or semi-clear areas for agriculture and hunting. Promoters of the park over-dramatized the “fear of fire.” They failed to consider the “impact the establishment of the park would have on those who lived within the proposed boundary.”  

The federal land acquired meandered around private land and disputes arose between agents and owners when trespassing occurred. Additional land was needed in order to fix this problem.

Citizens protested the proposed removal of land owners off their property by writing to editors. A letter to the editor of “Page News and Courier” in Luray, Virginia said, “I wish to arouse some objections to the proposed Park by the citizens of the area and their sympathizers. In the first place to condemn our property so as to make its commercial value less is contrary to the fundamental principles of our government. … They take from us what they want, seek to make us helpless by enacting condemnation laws before they approach us as owners, which clearly shows that they are trying to get something for nothing at our expense.”

Robert Via, a landowner in Albemarle County, who lost his case in Virginia, appealed to the Supreme Court, challenging the blanket condemnation of properties. His lawyer said, “Whether Virginia has the power to condemn land with the sole purpose of making it a gift to the national government for national park purposes is the only question we are bringing before this Court.” On November 25, 1935, the Supreme Court dismissed the case, “declaring that Via had an adequate remedy at law.” Unfortunately, Via decided not to continue his fight, thus deciding the fate of future eminent domain cases, and “clearing the park’s last legal hurdle.”

According to the park museum, Herbert Melanchton Cliser, a third generation resident, and his wife Carrie, waged a six-year battle to keep their 46 acres farm, gasoline station, and lunch counter famous for its country ham sandwiches and homemade pies. They wrote letters of protest to local authorities, national park officials, Presidents Hoover and Roosevelt. In a 1929 letter to the Page News and Courier, Cliser said, “The fundamental principles of our government are to protect those who can’t protect themselves, and to restrain the rich and strong from oppressing the weak and poor… This thing of taking our property away from us is a pretty business…” Cliser refused the $4,855 payment for his property. Cliser and his wife were evicted in October 1935 by Page County law enforcement officials. During the eviction proceeding, while handcuffed, Cliser sang the National Anthem. (AP, October 3, 1935)

Landowners who were removed from the land received $1,850,000 for 958 tracts purchased in 1934. To get an idea of the purchasing power in 2009 dollars, multiply by sixteen. The park museum lists some of the many individuals who did not receive fair value for their land. One family got a check for $400 for a land that was worth almost $7,000. Other families were forced to go on welfare.

-          H.E. Merchant (Warren County, tract 109, 78 acres)

-          P.P., W.M., G.C., & R. B. Long (Page County, tracts 419 and 420, 940 acres)

-          Savilla Harrell (Rappahannock County, tract 99, 160 acres)

-          Charley Nicholson (Madison County, tract 237, one acre)

-          Myrtle Reynolds (Greene County, tract 7, 7 acres)

-          N. Lester and Anna Elizabeth Dean (Rockingham County, tract 57, 91 acres)

-          Edward A. Harris (Albemarle County, tract 121, 75 acres)

-          A. H. Berry (Augusta County, tract 54, 67 acres)

(Shenandoah National Park Museum Archives)

In December 1935, the federal government accepted title to more than 176,000 acres of parkland. Some residents were still living in the area with the understanding that they would be relocated. This relocation was completed in November 1938 when all but 78 residents with lifetime tenancy were moved outside park boundaries.

The Shenandoah National Park was dedicated on July 3, 1936 by President Franklin Delano Roosevelt from a platform built by his civilian army corps (CCC) in Big Meadows. FDR declared Shenandoah National Park and its sister parks to be “in largest sense, a work of conservation” dedicated to “this and to succeeding generations.”

Currently, the controversy continues. Non-governmental organizations (NGOs) are luring farmers who hold property adjacent to the park to enter into “conservation easements” with “viewshed protection.” In exchange, high property taxes are lowered considerably. The farmers/owners cannot alter the landscape in any way or, if they sell (land values are rising), the new owners automatically sign on to the conservation easement in perpetuity or for the time specified in the easement contract. Local boards working with NGOs change zoning regulations to prevent any construction or alteration to the land that would interfere with the “viewshed” from the Shenandoah National Park.

 

Thursday, February 27, 2014

Butler on Business, February 26, 2014

Agenda 21, property rights and eminent domain. I come at the 48 minute mark, followed by Heritage Foundation and Dr. Ron Paul.
http://host1.cyberears.com//24801.mp3

Wednesday, August 21, 2013

Climate Change Deniers, Better Drink the Kool-Aid

 “The only way to get our society to truly change is to frighten people with the possibility of a catastrophe.” – Emeritus Professor Daniel Botkin

“Coal makes us sick. Oil makes us sick. It’s global warming. It’s ruining our country. It’s ruining our world.” – Harry Reid, U.S. Senate majority leader

Although I’ve had a best-selling book at Amazon since October 2012, “U.N. Agenda 21: Environmental Piracy,” http://www.amazon.com/U-N-Agenda-21-Environmental-ebook/dp/B009WC6JXO/ref=tmm_kin_swatch_0?_encoding=UTF8&sr=1-1&qid=1376849311
liberals and conservatives alike have called people like me tin-foil hat conspiracy theorist and “agender” simply because I have done my research and have found ample evidence of the existence of U.N. Agenda 21 Sustainable Development documents
http://sustainabledevelopment.un.org/content/documents/Agenda21.pdf
and related sites, international bodies, conferences, organizations, initiatives, and local zoning initiatives, changes and restrictions.

I am vindicated since I have been joined by a number of conservative and liberal groups, most notably the number one conservative talk show host in the country. Rush discussed in his August 9, 2013 monologue how the “Regime plans to diversify your neighborhood,” a.k.a. social engineering. It is one of the goals of Agenda 21 to move people downtown into high-rise, mixed use buildings. Diversification may be as good an excuse as any.

Rush describes how “government wants control over the diversity of neighborhoods and they want to define it.” Forcing diversity will be achieved through “regulation, intimidation, denial of services, you name it” via the HUD policy called “Affirmatively Furthering Fair Housing.” We witnessed in Europe the disastrous effects of forced diversity and multiculturalism.

There is a good reason why this administration is enamored of trains, resents American suburbia sprawl, segregated from the ghettoes downtown, and admires Europeans who use mostly mass transit. Europeans don’t have the “freedom or luxuries that Americans have.” “They are more constrained and they’re more controllable and people are more able to herd them and keep them together.” Rush continued, “They want people congregated in the cities.” The fact that Democrats claim that diversity is going to make humanity more successful is a “crock,” Rush says, “It’s all about control.”

And the inner city residents are not the only people this administration feels that they’ve been wronged. Democrat legislation passed in 2010 will buy back 10 million acres of private land with $2 billion taxpayer dollars to redistribute to 150 Native American tribes. According to Jim Hoft, the buyback is the result of a lawsuit and the private owners are “reluctant sellers.” Forty-five percent of the land will go to just seven tribes.

“We can improve Indian Country if people will go along with this program and sell their interests back to their tribes,” said Kevin Washburn, the head of the Bureau of Indian Affairs. http://thegatewaypundit.com/2013/08/obama-administration-to-buy-back-10-million-acres-to-redistribute-back-to-native-americans/

It is not just giving land back, it is confiscation from private owners who are not necessarily willing sellers and giving it back to the wilderness, according to the Wildlands Map, building those Agenda 21 corridors of allowable human habitation, while at the same time seeking the additional goals of “equity” and “social justice.”

The Wildlands Map is the Simulated Reserve and Corridor system to Protect Biodiversity as mandated by the Convention on Biological Diversity, The Wildlands Project, U.N. and U.S. Man and Biosphere Program, and various U.N., U.S. Heritage Programs, and NAFTA. The green areas are allowed for housing, yellow areas are buffer zone with no homes, red areas are core reserves and corridors off-limits to human access and habitation, black areas are military reservations, and pink areas are Indian Reservations. There is an orange corridor with Mexico, 124 mile wide international zone of cooperation (NAFTA Agreement).

“The goal now is a socialist, redistributionist society, which is nature’s proper steward and society’s only hope,” said David Brower, founder of Friends of the Earth. Judi Bari, principal organizer of Earth First, added, “If we don’t overthrow capitalism, we don’t have a chance of saving the world ecologically. I think it is possible to have an ecologically sound society under socialism. I don’t think it is possible under capitalism.” Does anyone remember the air quality and the pollution haze during Olympics in communist China? I recall the heavy pollution we lived under in our Socialist “paradise.”

Agenda 21’s lynchpin is manufactured man-made global warming which is allegedly destroying the planet. Every bureaucrat and global elitist around the planet has jumped on this wealth redistribution and control bandwagon. Secretary of Defense John Kerry’s first major policy speech was about global warming/climate change.

The invented carbon credit programs to swap carbon pollution and the carbon tax are hugely unpopular with businesses but popular with bureaucrats, environmentalists, and traders. At the end of the day, the carbon tax or carbon credit swaps do little to reduce pollution, especially since China pollutes away unencumbered - they line the pockets of those involved in the scheme.

Kevin Rudd, Australia’s new prime minister has promised to kill the unpopular carbon tax in effect since July 2012. It has reduced emissions by 6.9 percent in the first year but it cost companies billions of dollars and higher energy prices for the average household. (Tim Devaney, The Washington Times, July 18, 2013)

Dr. James Taylor said in a recent article for Forbes that China alone emits more carbon dioxide than the entire Western Hemisphere. Dr. Taylor commented that “President Obama’s global warming plan will kill hundreds of millions of birds and bats, while doing little if anything to reduce global temperatures.” http://www.forbes.com/sites/jamestaylor/2013/07/29/president-obamas-climate-plan-would-kill-hundreds-of-millions-of-birds-and-bats/

Wildlife Society Bulletin confirmed in a study that “turbine blades will kill 14 million birds and bats during the next decade” even if no more wind turbines will be built. Not long ago, bird watchers in Scotland witnessed in horror when a very rare and fast bird which had not been seen in over twenty-two years, was chopped up by the blades of a wind turbine.

Fox News reported that wind farms are not fined for killing eagles and protected species but oil companies have been prosecuted when birds drown in waste pits or if birds are electrocuted by power lines.

President Obama’s plan to reduce carbon dioxide emissions by 80 percent (drastic reductions in nuclear, coal, and natural gas generated energy) requires at least 25 times more electricity production from wind turbines. Dr. Taylor believes this would lead to the death of 350 million birds and bats in the U.S. each decade, an “aviary holocaust.”

James Delingpole revealed in the Telegraph that the National Grid in the U.K. has been secretly spending millions on “dirty” Diesel-generated power to keep the lights on during times when the wind was not blowing. Apparently, the more wind turbines were built, the less stable the electric grid became and electricity became more expensive. http://blogs.telegraph.co.uk/jamesdelingpole/100226302/another-day-another-wind-farm-scandal/

United States is in a terrible hurry to complete the smart grid and the smart meter installations around the country. Smart meters are a great Agenda 21 idea if you own a utility company or are the government. For customers, Smart meters are not just dangerous to overall health, privacy, and ability to have electricity on demand; smart meters are convenient 24/7 spying devices attached to our homes, without our permission, without a warrant, and violating our 4th Amendment rights.

One Texan, Sheila Hemphill, who owns a wellness shop in Brady, Texas, took on the city council that wanted to install $2.5 million worth of smart meters via the city-owned utility company; she eventually won, after six failed attempts, implementing Texas Local Government Code 9.004, stopping the installation of smart meters.

Is Texas free from the encroachment of Agenda 21 Sustainability and Green Growth? Not really. The U.S. Department of Housing and Urban Development (HUD) funded a $3.7 million Sustainable Communities Planning Grant called CyberCity 3D. Central Texas will be brought into the sustainable development concept of Agenda 21 with “housing diversity that is accessible to transportation, decrease congestion and pollution.”

The initiative is spearheaded by The Capital Area Texas Sustainability (CATS) Consortium, a comprehensive group of public, private, academic and non-profit stakeholders in the Austin-Round Rock-San Marcos region. (NGOs)

This is how Agenda 21 operates, with initiatives, non-governmental organizations (NGOs), academia, and with generous grants from the federal government who cannot pass up the opportunity of implementing more global government.

Another successful pushback against Agenda 21 was the U.S. Department of the Interior dropping the White River Watershed National Blueway designation. U.S. Senator Roy Blunt (R-Mo) said, “The Obama Administration’s attempt to establish a new federal designation without the approval of Congress or public input is absolutely unacceptable. The stakeholders and community members deserve more transparency from their government. I’m pleased the Obama Administration has withdrawn this designation.” http://abcnews.go.com/US/wireStory/feds-rescinds-white-rivers-blueway-designation-19573511#.UdYUuW12mVq

Confiscation of land under the claim of eminent domain has also been pushed back by the judge’s decision in the Legacy Trail land. Judge Mary Ellen Coster Williams of the U.S. Court of Federal Claims ordered the U.S. government to pay “just compensation” to all property owners whose land had been taken under mandated easements for rail-use decades ago.

Sarasota County developer Hugh Culverhouse was awarded $3.2 million in an eminent domain case ten years after” the Surface Transportation Board seized a sliver of his Palmer Ranch property to build the Legacy Trail on an abandoned rail line. With interest, the judgment could be $5.1 million.” (Josh Salman, Herald Tribune, July 2, 2013)

Legacy Park is a county park developed by Sarasota County for $30 million. “The county commissioners who voted for the plan almost a decade ago say had no idea at the time property owners could sue the federal government for land reimbursements.”
http://heraldtribune.com/article/20130702/ARTICLE/130709899/2107/BUSINESS?p=2&tc=pg

This is one glaring example among thousands around the country where commissioners and boards of supervisors vote to rezone, reshape, carve out, and take away people’s rights to their property and then feign ignorance after the fact. Josh Salman quoted Commissioner Nora Patterson, “This whole thing is very strange. We didn’t know a thing about it.”

Superstorm Sandy helped deepen the hysteria of climate change and push forward the global warming talking points of Agenda 21 environmentalist social engineering. “The real experts know that sea level is rising at only 1 mm per year, and wouldn’t cause this kind of flooding in 1,000 years. This flooding was caused by the confluence of a hurricane storm surge and high tide.”

The report released on August 19, 2013 by the Hurricane Sandy Rebuilding Task Force stated, “Decision makers at all levels must recognize that climate change and the resulting increase in risks from extreme weather have eliminated the option of simply building back to outdated standards and expecting better outcomes after the next extreme event.”

The Chairman of the task force, Secretary of HUD Shaun Donovan, said that we must find novel ways for “piloting innovative strategies that can serve as a model for communities across the nation as they prepare for the impacts of climate change.” The translation is easy. We can’t predict the weather accurately for tomorrow but we can tell you that the sky is about to fall if you don’t follow our directions and our plans.

Climate has changed for reasons other than fossil fuel use or human involvement; solar flares, increased volcanic activity, and the change in oceanic currents come to mind, but only in recent times has climate become such a politically expedient tool used by the global elites to gain financial control and power, affecting with urgency how we live, where we live, how we build, and how much of our land we truly own, farm, or inhabit.

Lord Monckton expressed climate change alarmism rather humorously. “One hundred percent of scientists agree climate change is real. That is why we have weather forecasts. The climate has been changing for 4567 million years since that first Tuesday on which the earliest wisps of the atmosphere formed. But less than a third of published climate scientists say they think global warming is man-made; only 0.3 percent of them think most of the past 50 years’ modest warming is our fault; and so far, no one seems to have asked them whether they think it is potentially catastrophic.”

Researchers from the University of Colorado and the National Oceanic and Atmospheric Administration (NOAA) claimed global warming slowed between 2000 and 2010 due to the gases spewed by volcanoes. (Michael Harper, redOrbit.com)

“Earthquakes may contribute to global warming by releasing greenhouse gas [methane] from the ocean floor.” Dr. David Fischer’s study, published in Nature Geoscience, demonstrated that methane escaped from methane hydrates from the ocean floor of the North Arabian Sea, released by a powerful 8.1 on Richter scale earthquake in 1945. http://dailymail.co.uk/news/article-2380434/Earthquakes-contribute-global-warming-releasing-greenhouse-gas-ocean-floor.html#ixzz2aXa5xFo5

Climate alarmists link just about anything to faux global warming. Changes in climate are strongly linked to violence around the world, a study by U.S. scientists suggests. There are myriads of other possible variables yet scientists are sure that a rise in violence is linked specifically to climate change. http://www.bbc.co.uk/news/science-environment-23538771

The Examiner.com listed on June 29, 2013 the top 15 signs that global warming is a fraud:

-          Alarmists are fanatical and dishonest in opposing cleaner energy such as natural gas

-          Politicians hand-pick “reports” and “evidence”

-          CO2 is reported as record levels although there is no statistical significance

-          Democrats have adopted global warming as a fact, smearing anyone who disagrees

-          EPA still uses data from confessed frauds

-          Global warming is blamed on anything and everything

-          Ice sheets are growing, not shrinking

-          Al Gore’s award winning propaganda film has been banned in Britain due to “outrageous falsehood and wild exaggerations”

-          The Earth is not getting warmer

-          There never was a “consensus” of experts, it is made up

-          Scandals have forced even proponents of the scam of green to reverse course

-          Evidence shows alarmists statements to be “deeply-flawed since the beginning”

-          “It really is the Sun, Stupid.”

-          Top experts “misrepresented pure speculation as hard fact and inventing ridiculous hoaxes at every turn”

-          “enormously influential scientists directing this scam have been caught blatantly doctoring data, vindictively silencing anyone who does not conform and plotting to set up bogus ‘investigations’ to whitewash their corruption out of the picture” http://www.examiner.com/article/update-top-10-signs-global-warming-is-a-fraud

Questioning this climate change “consensus” alarmism is a sure way to kill anybody’s academic career, so much for academic freedom. Ask Professors James Enstrom of UCLA, Richard Lindzen of MIT, Henrik Svensmark of the Danish Space Research Institute, Fred Singer, a rocket scientist who founded the U.S. Satellite Weather Service, and Murry Salby of Macquarie University in Sidney, what happened to their careers when they debunked the false “consensus” riddled with scientific dishonesty. http://wnd.com/2013/07/academic-freedom-not-if-you-question-climate-change/#e5MDfZ2p3Ej0tjfZ.99

All decisions involving every facet of our daily lives were influenced and made initially by non-governmental organizations (NGOs) and picked up by various federal government agencies such as the EPA and the Department of Energy. Most recently, Interior Department Secretary, Sally Jewell, was quoted as saying, “I hope there are no climate change deniers in the Department of Interior.” Apparently global warming is settled group-think-consensus-science and dissenters are not allowed free speech in her department.

Sustainable Development represents environmental assaults on our freedoms and property rights, our children’s education, smart growth, green growth, and smart metering, all initiated by ICLEI and visioning committees, supported by government agencies,  executive orders, councils, federal grants, and passed by boards of supervisors around the country without citizen input, knowledge, or agreement. It is a form of global communism perpetrated by the global elites in the name of saving the environment from the manufactured man-made global warming.

To make matters scarier, there is an Agenda 21 environmental constitution of global governance called The Draft International Covenant on Environment and Development (DICED). The word “covenant” makes it sound like a religion; come to think of it, it is the religion of the scam of green. http://data.iucn.org/dbtw-wpd/edocs/eplp-031-rev3.pdf

The much maligned carbon dioxide is good for plants and for tree growth, it gives them life. Ask Dr. Klaus Kaiser, he will tell you, it is “wood for thought.” http://canadafreepress.com/index.php/article/57327