Private Property May Become Preserved.

Johnboy60

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Hi, This is bad when the state government can tell you what you can do with your own property and you have nothing to say about it.

KING COUNTY, Wash. — Residents of King County, Wash., will only be able to build on 10 percent of their land, according to a new law being considered by the county government, which, if enacted, will be the most restrictive land use law in the nation.

http://www.foxnews.com/story/0,2933,124358,00.html

Robert.
 

BeanMak

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That isn't an uncommon law. Most communities have zoning laws. These laws say what can be done with properties- what can and can't be built. In our area lots of suburbs have enacted zoning laws that prevent building huuuuuge houses on small lots. There is a lot of tear down around here because there aren't many vacant properties. Houses sell for $250k and then they are torn down and $650K buildings are erected. In order to keep the area from being house next to houses, there are rules that no more than 1/3 of a lot can be covered by building.
 
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Grizzly

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What's even worse is some of the "mineral rights" laws that have been employed in some of the Western States. Apparently when you buy land, you only own the "surface". Someone else can come along and buy the mineral rights to your land, and you can't stop them from drilling/mining right on your property. It's bad.
 
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Ave Maria

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Grizzly said:
What's even worse is some of the "mineral rights" laws that have been employed in some of the Western States. Apparently when you buy land, you only own the "surface". Someone else can come along and buy the mineral rights to your land, and you can't stop them from drilling/mining right on your property. It's bad.
That's sad. I'd at least like to know that I also had "mineral rights" to my property so that if such a thing was discovered, I'd be the one making money off of it. But the saddest part is that they can actually allow these things by law.
 
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burrow_owl

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It's hard for me to have too much sympathy for wealthy victims of zoning, though, since zoning started more-or-less as a tool of the wealthy to keep the poor away from them and next to factories spewing pollution, where they belong. Poetic justice counsels me that Da Man should have it stuck it to him.
 
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R.James

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Communist Manifesto, anyone?

I wish I lived in King County, I'd be the first to pave my property in protest, then erect the hammer and sickle flag. The success of Ron Sim's campaign for governor depends on how quiet the local press will be regarding his involvement in the 65-10 proposal. I think the Feds should declare no more than 10% of King County's government property can have a building on it, then if Sim's likes arranging his paperwork on the grass he can spread the idea to the rest of us.
 
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burrow_owl

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Communist Manifesto, anyone?
That ought to be corrolary to Godwin's Law. Shouting 'commie!' anytime anyone questions the wisdom of subordinating people to the law instead of the other way doesn't really add anything, does it?
I wish I lived in King County, I'd be the first to pave my property in protest, then erect the hammer and sickle flag.
I'd probably be the first to point and laugh when you were first to be forced to pay thousands to undo it.
 
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PatrickM

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Holly3278 said:
This is nothing new though. The government can force you to sell your property to them so they can build highways on through and stuff. Still sad though.
True enuf, however at least one is fairly compensated for the property, so no real damage is incurred.

With such a harsh restriction of 10%, this could severely hamper anyone's previous plans. Say someone bought a piece of land, planning to build later, but their plans were to build something larger than 10%.

It's not the restriction, per se, but the extremity of the restriction that's worrisome.

Hey, isn't this the same state where a local judge is 'forcing' gay marriages through? Hmmm, interesting.
 
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R.James

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burrow_owl said:
That ought to be corrolary to Godwin's Law. Shouting 'commie!' anytime anyone questions the wisdom of subordinating people to the law instead of the other way doesn't really add anything, does it?[/size][/color][/font]
Questioning the law won't get anyone called a "commie". Someone saying they think it would serve me right to have .45 of my .50 acres (Paid for by ME) effectively possessed by some county goons may get them called a "commie." Maybe you are from a big city where apartment rent costs more than the house/land payment in a rural zone 30 miles away.

From the Communist Manifesto, quoted from the Socialist Party UK http://www.socialistparty.org.uk/manifesto/m2frame.htm?massparty.htm:



"You are horrified at our intending to do away with private property. But in your existing society private property is already done away with for nine-tenths of the population…



In one word, you reproach us with intending to do away with your property. Precisely so; that is just what we intend."


 
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WayneH

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Grizzly said:
What's even worse is some of the "mineral rights" laws that have been employed in some of the Western States. Apparently when you buy land, you only own the "surface". Someone else can come along and buy the mineral rights to your land, and you can't stop them from drilling/mining right on your property. It's bad.

Though true - it depends on what State you live in... MY wife has family in West Virginia and they have a huge natural gas pocket under their land... The Gas company HAD to ASK for permission to drill for gas on the land - and it actually benefited the family - THEY have GAS everything - gas heeat to gas air conditioners.. Every appliance is run on GAS and its all free to them...

in some cases it really doesn't matter - the Gas has ways to get to the gas without going thru your land... they'll find another way to get to it... depending on how ethical the company is - they give the land owner free gas besides for paying the mineral rights.. in the long run they will make so much more money....

I think trailer parks are worse off then not owning your mineral rights.. trailer parks you have to rent the land - very few trailer parks will sell the land outright to you....
 
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Polycarp1

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Zoning laws are founded in something that does make sense: that the community as a whole does have a stake (and should therefore have a say) in what you do with your land. Without planning and zoning, you are perfectly privileged to build a inappropriate content shop next door to an elementary school, or a boiler factory next door to the hospital, convert a warehouse into low-income apartments with no place for the children of your tenants to play except in the parking lots of the properties next door....

They can tend to get very much out of hand -- for example, local zoning regulations that say what colors you may use to paint your house and trim, what objects are permissible in your yard, etc. But the basic principle is valid -- limited regulation to assure that the property owner's rights are not used in a way harmful to his neighbors and the community.

The Supreme Court has been very explicit that zoning is constitutional (Euclid v. Ambler and subsequent cases) but that it cannot be used to deprive a property owner of any beneficial use of his property. The latter constitutes a taking under the Fourteenth Amendment, and the property owner must be (1) permitted to use his property in reasonable ways and (2) be compensated for any complete deprivation of use. The leading case is First English Lutheran Church v. California Coastal Commission, where (IIRC) the church's building was damaged in a storm and they were not permitted to rebuild in their lot owing to the "open space" requirements for the coastline imposed by the commission.

To require, on the other hand, that, e.g., 50% of a lot be kept "permeable" -- no structures or impermeable cover, such as a blacktop parking lot, be placed on it -- to allow safe drainage of stormwater, is quite legitimate.

A link to the King County Draft Environmental Impact Statement on the new proposal (table of contents; relevant text is in a series of PDF files linked to on the page).

Seattle Times article on the proposed law.

According to the Seattle Times article, the regulation affects new construction (including replacement construction) within a couple hundred feet of certain streams and of wetlands in a rural area of the heavily-populated county. So it's not like it's making massive restrictions on all the land in the county. And a house and a driveway will cover less than 10% of a five-acre lot, and most people wanting a large lot will want to preserve natural cover over much of it. It does not require that you cannot buy a smaller building lot somewhere else in the county; it restricts certain areas to large-lot keep-it-natural development. You could still even build a WalMart or other big-block store there -- at the cost of surrounding it with a lot of natural area, to keep the store and parking lot within the 10% impermeable restriction and preserving 65% in its natural state.
 
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