Western ballot measures would gut environmental protections 5

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1. 

   landusewatch Posted 3:32 am
   02 Nov 2006

   cool... thanks for the post...
   
   But what do you mean by "in Europe?  You're next."  That seems highly unlikely.  England, particularly, has some of the most favorable land use laws around -- remember how Madonna was upset because the public could use her land for walks, etc.  And in Scandinavia, walkers can even camp and collect firewood on private property.  Community rights over individual rights!

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2. 

   landusewatch Posted 3:50 am
   02 Nov 2006

   moreover...
   
   I am not even sure what the legal basis would be for European claims for "takings".  One of the main impacts, after all, of the revolutionary war was a movement away from the Crown owning all land (and simply granting estates).  in most of europe and Canada, all land is still owned by the state, and current tenants simply have an estate and right to use that land.
   in the US, of course, people don't have COMPLETE allodium of the land (except if you live in Nevada, where they more or less have done that).  fee simple specifically gives the gov't the right to regulate, tax, police, seize, and escheat the land.  (If someone here thinks that they truly "own" their land, try not paying property taxes and see what happens!)
   I'm highly doubtful of your assertion that "takings" claims are coming to Europe... on what basis do you say this?
   
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3. 

   Eric de Place Posted 4:06 am
   02 Nov 2006

   Europe and property rightsI made that assertion on the basis of a seminar (and subsequent conversation) that I had with Harvey M. Jacobs, who's a professor at Univ. Wisconsin-Madison and affiliated with the Lincoln Institute of Land Policy. He's considered one of the leading experts on property rights movements and he's written extensively on the U.S. movement.
   Lately, Jacobs has been researching a parallel movement in Europe. Now obviously, the precise legal basis will be different in Europe -- prop rights activists there can't very well refer to the takings clause of the US Constitution. But many of the same features are in play. They're trying to make an argument that they should be paid when property laws prevent them from maximizing profit on their land. And they're sharing information and strategy with the U.S. movement.
   In Norway, for example, significant parts of the agricultural community are beginning to agitate for waivers from the ag. zoning that they are under (unless, of course, they get compensation). Some farmers and rural landowners want to convert their properties and be allowed to subdivide for vacation homes or develop other uses. Sounds familiar, doesn't it?

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4. 

   Biodiversivist Posted 4:43 am
   02 Nov 2006

   We need to find a way to stop thisbullshit.
   
   In the end, it all comes down to biodiversity. Help acquire and protect ecological hotspots, give to a conservation organization: http://www.saveourbiodiversity.com

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5. 

   landusewatch Posted 7:31 am
   02 Nov 2006

   well...
   
   My feeling is that it won't get much traction in Europe, not least because of EU requirements.  Perhaps it might get a bit more play in Scandinavian countries, but even then I am not sure.
   It'll be interesting to see how 933 plays out... if it fails, then I think the whole Kelo reaction may have fizzled out.  But if it passes by wide margins, then it may continue... That's a pretty obvious comment I just made.  Voters in Livermore rejected anti-regulatory referendum last year... it can be done elsewhere!
   
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