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#1
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Different strokes for different folks, Frank.
In my view, I didn't give up anything when I built in a neighborhood with restrictive covenants. Instead, I gained the peace-of-mind that the neighborhood wouldn't decay. I gained "rights" as I agreed to covenants that I would have followed anyway, because my neighbors will as well. Your "public sector versus private sector" infringement of rights arguments isn't simply valid in this case because it is voluntary. My rights are just fine, thank you. However I do agree that there are plenty of cases where the public sector (government) does infringe on the rights of private property owners. I am vehemently against it. I believe it is unconstitutional for a city government to use eminent domain laws to force an owner of private property to sell it (so the government can grant the land to a developer who will build a shopping center) because the government will make more tax revenue on a new shopping center. Yet this is happening time and again all over the United States. It' just plain wrong. -- Stinger "Frank Dresser" wrote in message ... "Stinger" wrote in message . .. Frank, As I mentioned to Wes, nobody forces you to buy into a neighborhood with covenants. I also mentioned that they are not for everybody. In my case, they are a good idea, and one of the reasons I built my house where I did was specifically because I knew what to expect from neighbors as they built nearby. I don't feel bad that I can't let my yard get waist high, park junk cars on the lawn, or paint my roof purple. Rather, I feel good knowing my neighbor won't. By the way, I happen to be a Republican Kung-Fu black belt (Dragon Claw 1992) that knows a good, honest mechanic that helped me teach my son how to change the heads on his antique T-Bird in his garage. So much for your lily-livered weenie who won't fix their own car argument. I honestly don't understand the hostility in your tone, Frank. What's the real problem? -- Stinger I am hostile to the whole concept to a Homeowner's Association. These are contractual arrangements, and not laws. If a person is penalized, he doesn't have his usual legal rights. He either pays the penalty, sells the property or sues the Homeowner's Association. If he sues, it's the Homeowner's Association which will get the benefit of doubt in Court. Policing power is one of genuine responsibilities of the publicly elected government, and it ought to be done by public employees who are directly answerable to the courts. And there's the related issue of ownership. Let's say, after another marathon session of listening to SW kooks, I completely lose it and paint my roof purple. It's my roof, isn't it? If it does cause some damage to someone else it should be provable. But the complainer ought to be prepared to put up some sort of evidence. So, yeah, homeowner's associations ain't for me. I could go on with my opinions about the public sector getting improperly in the private sector and vice versa. My brother and I practically rebuilt his 64 T-Bird right in the driveway. If I was bothering anybody, nobody spoke up. |
#2
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"Stinger" wrote in message .. . Different strokes for different folks, Frank. In my view, I didn't give up anything when I built in a neighborhood with restrictive covenants. Instead, I gained the peace-of-mind that the neighborhood wouldn't decay. I gained "rights" as I agreed to covenants that I would have followed anyway, because my neighbors will as well. Your "public sector versus private sector" infringement of rights arguments isn't simply valid in this case because it is voluntary. My rights are just fine, thank you. This probably doesn't have anything to do with anything, but it crossed my mind some weeks ago, with all the controversy over the removal of Judge Moore's monument to the Ten Commandments. After the removal, I pretty much expected Judge Moore would put the monument on his front lawn. It's his property, and he should be free to do so. Well, maybe Judge Moore rents an apartment or lives in a condo and doesn't own a front lawn. But wouldn't be ironic if Judge Moore negligently signed onto a list of restrictions which effectively banned any such monument on his own property? However I do agree that there are plenty of cases where the public sector (government) does infringe on the rights of private property owners. I am vehemently against it. I believe it is unconstitutional for a city government to use eminent domain laws to force an owner of private property to sell it (so the government can grant the land to a developer who will build a shopping center) because the government will make more tax revenue on a new shopping center. Yet this is happening time and again all over the United States. It' just plain wrong. -- Stinger If it's government using eminent domain to effectivly transfer private property from one owner to another private owner, yeah, there's a big problem there. Even if it's not a Constitutional problem, the voters should be deeply skeptical of all the promises the politicians make about these wasteful projects. But we have a long history of being negligent with our votes, as well. Frank Dresser |
#3
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The supreme court has ruled that it s perfectly legal if the aim is to
improve the tax base. The most oppressive, draconian, government entities are your local zoning boards. "Stinger" wrote in message .. . .. I believe it is unconstitutional for a city government to use eminent domain laws to force an owner of private property to sell it (so the government can grant the land to a developer who will build a shopping center) because the government will make more tax revenue on a new shopping center. Yet this is happening time and again all over the United States. It' just plain wrong. -- Stinger "Frank Dresser" wrote in message ... "Stinger" wrote in message . .. Frank, As I mentioned to Wes, nobody forces you to buy into a neighborhood with covenants. I also mentioned that they are not for everybody. In my case, they are a good idea, and one of the reasons I built my house where I did was specifically because I knew what to expect from neighbors as they built nearby. I don't feel bad that I can't let my yard get waist high, park junk cars on the lawn, or paint my roof purple. Rather, I feel good knowing my neighbor won't. By the way, I happen to be a Republican Kung-Fu black belt (Dragon Claw 1992) that knows a good, honest mechanic that helped me teach my son how to change the heads on his antique T-Bird in his garage. So much for your lily-livered weenie who won't fix their own car argument. I honestly don't understand the hostility in your tone, Frank. What's the real problem? -- Stinger I am hostile to the whole concept to a Homeowner's Association. These are contractual arrangements, and not laws. If a person is penalized, he doesn't have his usual legal rights. He either pays the penalty, sells the property or sues the Homeowner's Association. If he sues, it's the Homeowner's Association which will get the benefit of doubt in Court. Policing power is one of genuine responsibilities of the publicly elected government, and it ought to be done by public employees who are directly answerable to the courts. And there's the related issue of ownership. Let's say, after another marathon session of listening to SW kooks, I completely lose it and paint my roof purple. It's my roof, isn't it? If it does cause some damage to someone else it should be provable. But the complainer ought to be prepared to put up some sort of evidence. So, yeah, homeowner's associations ain't for me. I could go on with my opinions about the public sector getting improperly in the private sector and vice versa. My brother and I practically rebuilt his 64 T-Bird right in the driveway. If I was bothering anybody, nobody spoke up. |
#4
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"Stinger" wrote in message .. . Different strokes for different folks, Frank. In my view, I didn't give up anything when I built in a neighborhood with restrictive covenants. Instead, I gained the peace-of-mind that the neighborhood wouldn't decay. I gained "rights" as I agreed to covenants that I would have followed anyway, because my neighbors will as well. Many areas with restrictive covenants DO decay. The homes get old and out of date. The shingles aren't replaced often enough and so on. The covenants generally do not and cannot force a specific maintenance cyle on people. I seen some very run down areas that had covenants. Yeah the grass was mowed and there weren't any junk cars but the houses looked old and tired. Your "public sector versus private sector" infringement of rights arguments isn't simply valid in this case because it is voluntary. My rights are just fine, thank you. While you have every right to sign away rights, the rest of it will continue to consider it foolish. However I do agree that there are plenty of cases where the public sector (government) does infringe on the rights of private property owners. I am vehemently against it. I believe it is unconstitutional for a city government to use eminent domain laws to force an owner of private property to sell it (so the government can grant the land to a developer who will build a shopping center) because the government will make more tax revenue on a new shopping center. Yet this is happening time and again all over the United States. It' just plain wrong. That is not the purpose of eminent domain laws. If the law has been abused in such a manner, then the citizens affected should be filing a class action suit. Dee D. Flint, N8UZE |
#5
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"Dee D. Flint" wrote in message gy.com... That is not the purpose of eminent domain laws. If the law has been abused in such a manner, then the citizens affected should be filing a class action suit. "Filing a class action"? Give me a break. More like locking and loading!!!!! Just kidding |
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