2012 Meeting Items

Discussion List—December 6th, 2012

Agenda 21 on Glenn Beck
http://www.video.theblaze.com/media/video.jsp?content_id=25485309
http://www.amazon.com/Agenda-21-Glenn-Beck/dp/1476716692

  1. A new fictional novel to show where Agenda 21 will lead us in the future.
  2. Book released through Amazon on November 20, 2012
  3. "This will be the 1984 of this generation."
  4. Ads for the book on GBTV mistakenly led some people to think Glenn Beck is in favor of Agenda 21 and canceled their membership.

WA farmers block federal drones and Agenda 21
http://www.activistpost.com/2012/11/wa-farmers-block-federal-drones-and.html

  1. The Washington State Farm Bureau just convened its 93rd annual convention.
  2. At this year's convention they passed a new policy, opposing all aspects of UN Agenda 21 as well as a policy opposing the use of unmanned aerial vehicles (drones) to spy on farms without express permission from the landowner.
  3. They feel that issues such as drones, land acquisitions, restoration of wolves, and salmon recovery can all be tied back to Agenda 21.

San Diego Citizens Could Soon Face Prison for Washing Their Cars
http://www.naturalnews.com/037990_car_wash_prison_sentence_San_Diego.html

  1. Agenda 21 is alive and well in California...
  2. Public officials in San Diego are considering new laws to criminalize activities such as washing your car in your own driveway, allowing lawn sprinklers to hit the pavement, or failing to pick up dog poop promptly from your own backyards. Residents who habitually violate these "environmental protection" rules could face criminal fines of up to $100,000 a day, or up to six years in prison.
  3. Firefighters would also be liable if water used to extinguish fires empties into storm drains.
  4. They plan to set up 24-hour hotlines for residents to snitch on violators.
  5. The San Diego Regional Water Quality Control Board acts like a regional EPA for the San Diego area. They are currently holding hearings to establish these new policies.
  6. Some consider this a level of environmental tyranny unlike anything yet observed in the U.S.

Couple Faces $97K in Fines for Using Their Own Driveway
http://m.middletownjournal.com/news/news/couple-faces-97k-in-fines-for-using-their-own-driv/nTKWt/

  1. The Grey family runs a home-based landscaping business. Their property lies partially in Warren County Ohio and partially in Montgomery County Ohio.
  2. The Grays obtained permission from the local township to use their residential driveway in Warren County to access buildings on the Montgomery County portion of their land. They relied on this advice and invested about $300,000 in new storage buildings on Montgomery County land.
  3. Following complaints by neighbors the township reversed its decision ordered the couple to stop using the driveway to access their commercial area. A judge subsequently issued an order to that effect.
  4. The Grays have no other access to the land, so they filed appeals, counterclaims, and resisted the court orders. They now also face contempt of court charges and nearly $100,000 in potential fines. This case is now an ongoing six-year dispute.
  5. The government attorney said, "We realize that, several years ago, (the Grays) were given bad advice. That in no way excuses their current behavior, which is to continuously ignore and, in fact, thumb their noses at the court's orders."
  6. The Grays feel the change was an uncompensated taking.

The Spotted Owl is Back
http://seattletimes.com/html/localnews/2019735260_spottedowl22.html
http://www.capr.us/KING/docs/11-21-12_NSO_PressRelease_spotted_olw.pdf
http://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/CriticalHabitat/default.asp
http://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/BarredOwl/default.asp
http://www.thenewstribune.com/2012/12/02/2387692/the-spotted-owls-new-nemesis-adaptable.html

  1. November 21, 2012 -- The Obama administration's strategy was unveiled to keep the northern spotted owl from extinction.
  2. They nearly doubled the amount of Northwest national forest land dedicated to protecting the bird by the Bush administration four years ago. But the amount is down from nearly 14 million acres proposed last February.
  3. The biggest cut came in private timberlands - 1.3 million acres. State forests covering 271,000 acres remain.
  4. The designation of the spotted owl as a threatened species in 1990 triggered a 90 percent cutback in logging on national forests in the northwest, and similar reductions spread around the nation.
  5. Yet the spotted owl has seen a 40 percent decline during the past 25 years.
  6. Part of the reason for the decline is the loss of habitat on private and state lands.
  7. Another reason for their decline is invasion of the barred owl, an East Coast cousin that has been pushing the meeker spotted owl out of its territories. So wildlife managers plan to kill thousands of barred owls.
  8. [So are we protecting the spotted owl from man actions, or other species?]

ESA--Overdue for Reform
http://www.capr.us/KING/docs/ESA_mercreportcom.pdf
http://www.nytimes.com/roomfordebate/2011/04/20/saving-endangered-species-as-the-climate-changes/the-law-is-overdue-for-reform

  1. The scientific question of whether the ESA. works effectively to protect species remains open.
  2. The highest level of assurance that a property owner will not face an ESA issue is to maintain the property in a condition so protected species cannot occupy the property -- AKA "preemptive habitat destruction."
  3. The Endangered Species Act has proved to be a powerful tool for controlling private property rights, but may actually do harm to the species the ESA is supposed to protect..
  4. Approximately two-thirds of listed species rely on private land for habitat, yet most of these species are worse today than when they were first listed. None of the species removed from the endangered species list were removed because of successful regulation of private property.
  5. The number of endangered species listed in the United States continues to grow.

Ocean Acidification - A New Threat to Property Rights
http://www.ecy.wa.gov/water/marine/oceanacidification.html
http://www.capr.us/KING/docs/eo_12-07.pdf

  1. Governor Christine Gregoire just issued Washington's Response to Ocean Acidification.
  2. The state claims that ocean acidification is primarily caused by oceans absorbing carbon dioxide from the atmosphere. And the rapid growth in the use of fossil fuels as a source of energy has increased the amount of global carbon dioxide emissions.
  3. Acidification is measured by the lowering pH numbers and caused primarily by increasing levels of carbon dioxide in the atmosphere, has arrived on the West Coast sooner than predicted and is already reaching levels that are corrosive for shellfish and other marine organisms.
  4. Regional factors combine with global carbon dioxide emissions to exacerbate acidification in Washington waters. Coastal upwelling brings cold, salty water rich in carbon dioxide and low in pH to Washington's coast and eventually into the Puget Sound. Nutrient runoff, organic carbon, and local air emissions - which move from air into seawater - also contribute to acidification, especially in more developed areas.
  5. Shellfish growers in Washington and Oregon became the first to discover that ocean acidification was undercutting their jobs and businesses around 2007, when corrosive seawater began killing off tiny young oysters by the billions in Pacific Northwest hatcheries.
  6. Changing ocean chemistry also threatens the ocean food web. Tiny sea snails, called pteropods are at risk. They are source of food for a range of animals, from tiny zooplankton to whales, and Washington's threatened and endangered salmon.

E.P.A. Rule Complicates Runoff Case for Justices
http://www.nytimes.com/2012/12/04/us/epa-rule-complicates-supreme-court-case-on-logging-runoff.html

  1. The EPA issued a new regulation last Friday afternoon, which said permits are not required for the runoff from logging roads.
  2. Monday the Supreme Court heard arguments on whether the Clean Water Act applies to runoff from logging roads.
  3. Chief Justice Roberts was not happy. "Were you as surprised as we were?" He asked a lawyer for the government. He said, "There were 875 pages on the merits briefing in this case, and if we knew that the final rule was imminent, we could have rescheduled the case for April or something..."
  4. The government attorney said, "obviously, it's suboptimal for the new rule to be issued the Friday before oral argument."

When government floods your land, it can be liable for a taking - even if the flooding is intermittent
http://www.pacificlegal.org/cases/When-government-floods-your-land-it-can-be-liable-for-a-taking-even-if-the-flooding-is-intermittent

  1. The Pacific Legal Foundation (PLF) submitted an amicus in support of the Arkansas Game and Fish Commission.
  2. On Dec. 4, 2012 the U.S. Supreme Court issued a decision that when government actions result in intermittent flooding a temporary taking has occurred, for which damages may be claimed.

Discussion List—November 1st, 2012

Sustainable Freedom Lab (SFL)
http://sustainablefreedomlab.com/ (4.1 min video)

  1. Tom DeWeese and John Anthony are teaming-up to fight Agenda 21 and protect Property Rights

Doug Hansen Presentation -- 10/10/2012
http://www.proprights.org/KING/docs/finalprescombined.pdf

  1. Presented at Citizens Against UN Agenda 21 on October 10, 2012

CAPR Review of--The Perils of Sustainable Development
http://www.amazon.com/review/R3EWK6O5UIIIAV/ref=cm_cr_dp_title?ie=UTF8&ASIN=0615627838

  1. Review by CAPR 13 (Clallam County) President, Karl Spees

Discussion List—October 4th, 2012

High Stakes for Cities and Towns in Eminent Domain Showdown
http://www.nlc.org/media-center/news-search/high-stakes-for-cities-and-towns-in-eminent-domain-showdown

  1. Mortgage Resolution Partners (MRP), in California, is proposing that cities and counties use eminent domain to take ownership of properties with upside-down mortgages.
  2. The lender would only be paid "fair market value" of current appraisals.
  3. Once taken, the city and MRP would arrange new financing.
  4. MRP would be paid a flat fee for each home taken and refinanced.
  5. Is this a "public" use?

Sustainable Freedom Lab (SFL)
http://sustainablefreedomlab.com/ (4.1 min video)

  1. Tom DeWeese and John Anthony are teaming-up to fight Agenda 21 and protect Property Rights

Rosa Koire, August 29th Presentation
https://www.youtube.com/watch?v=cpL8IjiSuTI (2 hr video)

Why Planners Need to Take Agenda 21 Criticism More Seriously
http://www.theatlanticcities.com/neighborhoods/2012/02/why-planners-need-take-agenda-21-criticism-more-seriously/1159/

  1. Planners are responding to Anti-Agenda 21 efforts in communities.

Property Rights, ICLEI, and Climate Change
http://www.proprights.org/KING/docs/Resolution_2008-011.pdf
(Found over 180 pages like the following)
http://www.cccounty.us/DocumentView.aspx?DID=2257
http://roanokenet.roanokeva.gov/WebLink8/0/doc/2734/Page28.aspx
http://www.southdaytona.org/egov/documents/917871221683345.pdf
http://www.fairfield.ca.gov/civica/filebank/blobdload.asp?BlobID=5146
http://www.cleanair-coolplanet.org/for_communities/Epping_links/25in25_Epping.pdf
http://apps.ci.pittsburg.ca.us/sirepub/cache/2/hs5cpgiid3yel3n31l5y3b55/508510042012042715922.PDF


Discussion List—September 6th, 2012

Matt Ridley
http://www.ted.com/talks/matt_ridley_when_ideas_have_sex.html (16.5 min video)
http://www.wired.com/wiredscience/2012/08/ff_apocalypsenot/all
http://www.rationaloptimist.com/

  1. TED Video: When ideas have sex
  2. Wired Article: Apocalypse Not: Here's Why You Shouldn't Worry About End Times.
  3. Web Site: Rational Optimist

Illegal to Collect Rainwater in Oregon
http://tv.naturalnews.com/v.asp?v=E9D083FE1A928B3B0145570778F9D29C (14 min video)

  1. Oregon man jailed for collecting rain water on his own property.

Tenth Amendment and Coordination-Sequim Elks Lodge, Sep 29th
http://www.proprights.org/KING/docs/sequim_conference_brochure_120929.pdf


Discussion List—August 2nd, 2012

Burn Down the Suburbs (National Review Online)
http://www.nationalreview.com/articles/312807/burn-down-suburbs-stanley-kurtz

  1. Article adapted from Spreading the Wealth: How Obama is Robbing the Suburbs to Pay for the Cities, by Stanley Kurtz.

Rosa Koire Events
http://www.proprights.org/KING/docs/2012_08_29.RosaFlyer.pdf
http://wcserosa2012.eventbrite.com (Purchase Tickets)

  1. August 27th, Kitsap Patriots Tea Party, 7:00 PM at Silverdale Beach Hotel (Check web site soon...)
  2. August 28th, Burien Library, (Tentative time, 7:00 PM)
  3. August 29th, Washington Citizens for a Sustainable Economy, 7:00 - 9:30 PM at Lake Washington VFW #2995 -- 4330 148th Ave. NE, Redmond, WA 98052

Discussion List—July 5th, 2012

Snowmobile Alliance of Western States (SAWS)
http://www.snowmobile-alliance.org/about.asp

  1. Cutting through deceptions & misperceptions to protect your right to ride.

Kitsap Alliance-Discussion Paper Presented to PSRC
http://www.proprights.org/KING/docs/KitsapAlliancePropertyRightsDiscussionPaper-Final.pdf

  1. A Property Rights Discussion Paper, Presented to, the PSRC Growth Management Policy Board
  2. By Bob Benze, Member, Kitsap Alliance Board of Directors, Member, PSRC Growth Management Policy Board--July 2012

Alabama Adopts First Official State Ban on UN Agenda 21
http://www.thenewamerican.com/rio-20/item/11592-alabama-adopts-first-official-state-ban-on-un-agenda-21

  1. The State of Alabama and all political subdivisions may not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to 'Agenda 21,'
  2. Little mention of the adoption of this law was made in the press.

Agenda 21 Sites
(Presentations by John Anthony) 
http://my.brainshark.com/False-Choices-The-Story-of-Agenda-21-713151488 (13 min video presentation)
http://www.youtube.com/watch?feature=player_embedded&v=9GykzQWlXJs (1 hour 23 min video)
http://www.esdtoolkit.org/discussion/default.htm (Education for Sustainable Development Site)

  1. Sustainable Development has already permeated all levels of government and education.
  2. From Education for Sustainable Development (ESD) Toolkit:
    "Generally, more highly educated people, who have higher incomes, consume more resources than poorly educated people, who tend to have lower incomes. In this case, more education increases the threat to sustainability."

Constitutional Enterprise Model
http://cbc-inc.com/leo1.asp (Perception/Behavior Model)
http://cbc-inc.com/soc_origin.asp (The Origin Of Socialism)

  1. Prosperity is based on creating an environment where people are self-responsible.
  2. The Constitution of the United States provides three "perceptions" which creates the environment for prosperity. This is the same environment within which the free-market operates.
  3. Legitimacy--the existence of recognized definitions and legal protections of ownership. Legitimacy is the degree to which such ownership is perceived to be enforceable and secure.
  4. Equity--Just reward. That the consequences of one's actions correspond justly to those actions. Both positive and negative consequences can favorably influence behavior if they are perceived as equitable.
  5. Opportunity--Those aspects of a task which serve to make it appear feasible and practical to achieve. Such as, the availability of resources, adequate time to take action, personal contacts, authority, permission or liberty, and ability.
  6. Legislative Branch is responsible for creating laws, which define and protect property.
  7. Judicial Branch is responsible for adjudicating crimes and disputes, such as disagreements over contracts.
  8. Executive Branch is responsible for enforcing laws and defending against aggression and abuse. (Police and military.) Proper performance of the executive branch promotes liberty, which is necessary for "opportunity" to exist.
  9. Legitimate ownership--Property Rights--is missing in business models.
  10. Socialism came from observing the success of capitalism, while believing that conditions for workers could be improved if the control of production were moved from capitalists to the state.
  11. Ironically, large business was the model for socialist society... and that didn't include Property Rights.
  12. In the Communist Manifesto Karl Marx said, "The theory of the Communists may be summed up in the single sentence: Abolition of private property."
  13. Probably the most significant advance in productivity in the last 50 years has been the concept of Just-in-time (JIT). Yet it simulated only one characteristic of a market-based system--the demand for a product.
  14. Just-in-time employed a pull system using Kanban cards to trigger a demand for a product. Imagine the productivity improvements a real internal market system could produce?
  15. Legitimate "ownership" is necessary for a market-based system to operate. Legitimate ownership of PROPERTY.

Constitutional Protections
http://en.wikipedia.org/wiki/United_States_Constitution
http://www.leg.wa.gov/lawsandagencyrules/pages/constitution.aspx

  1. U.S Constitution, 5th Amendment--No person shall be... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  2. Washington State Constitution, Section 3--No person shall be deprived of life, liberty, or property, without due process of law.
  3. Washington State Constitution, Section 16--No private property shall be taken or damaged for public or private use without just compensation having been first made...
  4. The following are two examples of departing from traditional Constitutional protections...

Civil Asset Forfeiture
http://www.ij.org/policing-for-profit-the-abuse-of-civil-asset-forfeiture
http://fear.org/ (Go to page of Victim Stories)
http://en.wikipedia.org/wiki/Asset_forfeiture
http://www.isil.org/resources/lit/looting-of-america.html
http://www.proprights.org/KING/docs/assetforfeituretoemail.pdf

  1. Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets-all without so much as charging you with a crime. Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property.
  2. Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.
  3. Seized assets transferred to the federal government through equitable sharing agreements may be forfeited regardless of whether an individual is charged, let alone convicted, of a crime in either state or federal courts. If the assets are successfully forfeited to the federal government, the funds are deposited in the appropriate federal asset forfeiture fund, and state and local agencies receive a percentage back.
  4. The United States Marshals Service is responsible for managing and disposing of properties seized and forfeited by Department of Justice agencies. It currently manages around $1 billion worth of property. The United States Treasury Department is responsible for managing and disposing of properties seized by Treasury agencies. The goal of both programs is to maximize the net return from seized property by selling at auctions and to the private sector and then using the property and proceeds for law enforcement purposes.
  5. Many departments collect more in forfeiture revenues than their yearly operating budget, but they see no accompanying reductions because state laws frequently prohibit reducing law enforcement budgets as a result of new forfeiture revenues.

The Precautionary Principle
http://washington.chenw.org/pdfs/PPWhitePaper.pdf
http://www.precautionarygroup.org/precautionaryprinciple.html
http://www.proprights.org/KING/docs/PLF_PrecautionaryPrinciple.pdf
http://futurewise.org/king/SierraClub%20-%20KCCompPlan%2012Upd.pdf

  1. Definition:
    "Where threats of serious or irreversible harm to people or nature exist, anticipatory action will be taken to prevent damages to human and environmental health, even when full scientific certainty about cause and effect is not available, with the intent of safeguarding the quality of life for current and future generations."
  2. Could also be expressed as to "err on the side of caution" or "better safe than sorry."
  3. The primary foundations of the Precautionary Principle result from the work of the Rio Conference (Earth Summit) in 1992, and are summarized in the Rio Declaration. The United States first endorsed the precautionary principle when the federal government signed and ratified the Rio Declaration in 1992.
  4. The City of Seattle and King County convened a precautionary principle working group in January 2004 that prepared a white paper recommending an amendment to the Seattle/King County comprehensive plan requiring use of the precautionary principle in land use decisions and other city and county planning decisions.
  5. The Precautionary Principle was adopted in 2006 Seattle Comprehensive Plan.
  6. Precautionary language is already included within King County Comprehensive Plan.
  7. See the Pacific Legal Foundation (PLF) Working Paper -- Have Washington Courts Lost Essential Nexus To The Precautionary Principle? -- Citizens' Alliance for Property Rights v. Sims
  8. (Read Abstract)
  9. The Precautionary Principle results in regulators taking steps to protect against potential harms, even if causality is unclear. It depends on weighing risks, costs, and benefits, which are all unknown.
  10. When property use is limited because of the Precautionary Principle, it results in something similar to "presumed guilt" in a criminal case.

Discussion List—June 7th, 2012

WPC 10th Anniversary Environmental Policy Conference
http://www.washingtonpolicy.org/events/details/10th-anniversary-environmental-policy-conference-lunch

  1. Keynote Address by Terry L. Anderson, PERC
  2. Introduced the Green Tea Party, with Kermit the Frog

Property Rights: The Little Guy's Best Friend
http://www.youtube.com/watch?v=QEEULg-vHIw (2.5 min video)

  1. Equally protected property rights are the little guy's best protection against the rich and those with power.
  2. Property rights benefit all people regardless of wealth and power status.

EPA Using Drones to Spy on Cattle Ranchers in Nebraska and Iowa
http://foxnewsinsider.com/2012/06/05/judge-napolitano-on-use-of-drones-americans-have-to-decide-if-we-want-to-give-up-freedom-for-security/

  1. The EPA is using drones to spy on cattle ranchers in Nebraska and Iowa to make sure they "dispose of waste properly."
  2. The Supreme Court says that as long as the EPA is using the drones for an "administrative purpose" it doesn't need a warrant.
  3. However, if they find information outside of the scope of their office they can turn it over to law enforcement.
  4. Law enforcement needs "probable cause" and a warrant to conduct surveillance, but not the EPA.

American Tradition Institute (ATI)
http://www.atinstitute.org/

  1. American Tradition Institute (ATI) is a public policy research and educational foundation - a "think tank" - founded in 2009 to help lead the national discussion about environmental issues, including air and water quality and regulation, responsible land use, natural resource management, energy development, property rights, and free-market principles of stewardship.
  2. Responsible environmental policy can be reduced to a simple principle: respect for others. Care for the environment is best manifested when individuals responsibly manage their personal property in a manner that does not infringe negatively upon the welfare of fellow citizens' health, their economic and individual rights, or their property.

Give Us Our Land Back
http://giveusourlandback.org/
http://www.cast.uark.edu/local/catalog/national/images/maps/SCSphase1.dir/SCS_FederalLands.gif

  1. Their mission is to petition the U.S. Congress to return control of all Federal lands within Oregon to the Counties of Oregon (with the exception of military bases etc.).
  2. The Federal Government is trustee of 53% of the landbase of Oregon.
  3. They declare the following:
    "The Federal Government has denied the rights of Oregonians to care for and steward our own forests, watersheds and rangelands; imposed fees and duties on us for use of our own public lands; erected locked gates and refused entry to the People of Oregon into our own public lands; burned vast tracts, incinerating the wealth of Oregon; destroyed our wildlife; polluted our air and water; fouled our streams; introduced exotic pests -- and in so doing our homes, businesses and communities have become bankrupted, our schools, roads and public safety have been threatened, and our economy has been crippled."
    "Oregon is not a colony. We are a state with the same rights, responsibilities, and equal footing with every other state in the Union."

The Defense of Environment and Property Act of 2012
http://paul.senate.gov/?p=defense_of_environment_and_property_act_of_2012
http://blog.pacificlegal.org/wordpress/wp-content/uploads/2012/02/DEPA-Section-by-Section.pdf
http://www.scribd.com/doc/85381594/S-2122-The-Defense-of-Environment-and-Property-Act-of-2012

  1. Sen. Rand Paul has introduced S. 2122, which would redefine "navigable waters" to explicitly clarify that waters must actually be navigable.

Discussion List—May 3, 2012

If I wanted America to fail
http://www.youtube.com/watch?v=CZ-4gnNz0vc (4.5 min video)

  1. Released April 20th, but has nearly 2 million views already.
  2. Exposes selling guilt over, energy, global warming/climate change.
  3. Attacks on property rights, through environmental regulations.

United Breaks Guitars
http://www.youtube.com/watch?v=5YGc4zOqozo (4.5 min video)
http://www.davecarrollmusic.com/book/

  1. In 2008 Dave Carroll's guitar was broken by United Airlines baggage handlers. He spent 8 months trying to get United to fix the guitar or compensate him for the damage.
  2. In 2009 he released the YouTube video United Breaks Guitars -- it "went viral" getting about 1 million views in the first 4 days.
  3. The Times reported that within 4 days of the video being posted online, United Airline's stock price fell 10%, costing stockholders about $180 million in value.
  4. Taylor Guitars offered Dave 2 complimentary guitars, so it was then too late for United to make good. United finally made a donation of $3000 to a non-profit, but it failed to restore their image.
  5. Dave Carroll has since become a speaker for Customer Service. He even has a book "United Breaks Guitars"
  6. On one of his trips as a speaker, United Airlines lost his luggage...
  7. We are going to try using some lessons-learned from Dave Carroll for creating videos to support property rights.

City of SeaTac Tree Retention Video
http://www.youtube.com/watch?v=y01G7HehPBs (3.25 min video)

  1. Video helped citizens to overturn a bad regulation.

Defense of Environment and Property Act of 2012 (Senator Rand Paul)
http://paul.senate.gov/?p=defense_of_environment_and_property_act_of_2012
http://www.randpacusa.com/propertyt.aspx?pid=0430t
http://www.washingtontimes.com/news/2011/aug/31/epa-regulations-violate-constitutional-rights/

  1. Intended to restore common sense to federal jurisdiction over navigable waters, and place reasonable limitations on an agency that has become dangerously out of control.
  2. Several organizations have endorsed this Act.
  3. (Should CAPR?)

Wendell Cox--Region's transportation and land-use policies have little effect on traffic congestion
http://seattletimes.nwsource.com/avantgo/2018116500.html

  1. This article was in yesterday's Seattle Times.
  2. More evidence of the need to repeal the GMA.

King County Wetland Sign
http://www.proprights.org/KING/images/Wetlands.JPG

  1. Sign photographed in Kent Washington.
  2. Was this a "Wetland" before or after they added the sprinkler?

Subsurface Hydrology Presentation
http://www.proprights.org/KING/docs/May-3-2012_CAPR_Meeting_Presentation.pdf


Discussion List—April 5, 2012

2012 King County Comprehensive Plan Hearing--Fall City, 03/22/2012
http://king.granicus.com/MediaPlayer.php?view_id=4&clip_id=3440 (50 min video)

San Juan County regulations are not friendly towards small organic farmer
http://www.youtube.com/watch?v=iYxrLNaffEg (10.5 min video)

  • Incorrect wetland and stream designation.
  • The "Friends of San Juan" repeatedly trespassed on Mr. Dalton's property to photograph his activities and turn him into County officials.
  • Power of video for communications.

Washington State Tailors 'Social Purpose Corporation' to Sustainable Business
http://www.businessweek.com/articles/2012-03-16/washington-state-tailors-social-purpose-corporation-to-sustainable-business

  • Combines social missions with making money.
  • Requires two-thirds of shareholders to approve.
  • Add statement to articles of incorporation that mission "may be contrary to maximizing profits.
  • Pursue missions beyond profit without inviting lawsuits from shareholders.

Seattle Energy Benchmarking and Reporting Program
http://www.youtube.com/watch?v=A2mMBuSoPvo (1.5 min video)

  • Seattle requiring landlords to track and report energy usage.

Fourth Amendment to the United States Constitution
http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

  • guards against unreasonable searches and seizures.

Mapp v. Ohio (1961)
http://en.wikipedia.org/wiki/Mapp_v._Ohio

  • A landmark decision of SCOTUS that evidence obtained in violation of the Fourth Amendment, may not be used in criminal prosecutions in state courts, as well as federal courts.

Katz v. United States (1967)
http://en.wikipedia.org/wiki/Katz_v._United_States

  • Addressed the nature of the "right to privacy" and the legal definition of a "search."
  • Adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial intrusion with technology as a search.
  • Also extended Fourth Amendment protection to a "reasonable expectation of privacy".

United States v. Antoine Jones (2012)
http://en.wikipedia.org/wiki/United_States_v._Antoine_Jones

  • SCOTUS ruled that a search for Fourth Amendment purposes also occurs when law enforcement trespasses on a person's property for information gathering purposes, even if that person had no reasonable expectation of privacy.

Discussion List—March 1, 2012

John Stossel -- Illegal Everything
http://www.foxbusiness.com/on-air/stossel/index.html
http://www.foxbusiness.com/on-air/stossel/blog/2012/02/24/tonights-...

  1. A family in Idaho can't build a home on their land because the EPA says it's a wetland--but it only resembles a wetland because a government drain malfunctioned and flooded it.

Mazama Pocket Gopher
http://wdfw.wa.gov/publications/00390/ 
http://www.theolympian.com/2011/04/23/v-print/1626486/thurston-county-restricting-rights.html 
http://www.theolympian.com/2010/03/04/1159879/state-targets-landowners-gopher.html#ixzz0pF3j5xzo 
http://www.myfreedomfoundation.com/index.php/site/PrintView/pocket_gopher_not_imperiled 
http://www.theolympian.com/2012/01/11/1944170/pocket-gopher-decision-must-be.html 
http://www.theolympian.com/2011/12/06/1903907/study-gophers-may-not-need-federal.html 
http://agr.mt.gov/weedpest/pdf/vertbulletins/pocketgopher.pdf

  1. In 2002 the Mazama pocket gopher became a candidate for ESA listing.
  2. I know of at least one citizen who now has 4 misdemeanors on his record and spent about to $8,000 in legal fees and fines because he trapped and killed one (possibly two) gophers on his property. (He was also forced to sell his property as part of a plea-bargain, which was reneged upon after the property sold.)
  3. In late 2011 a scientific study was conducted, which found far more gophers and much more habitat than was previously recognized. The scientist said the more she lookd the more gophers she found... nearly everywhere. They existed in habitat previously unknown for that species.
  4. The scientist concluded that key assumptions made by the U.S. Fish and Wildlife Service in launching the federal listing process, were not accurate.
  5. Ironically, for 30 years the U.S. Department of Agriculture regarded the Pocket Gopher as a pest, which increasingly jeopardized various crops and forest land. With fewer natural predators, they determined there was little that humans could do to keep the population from expanding. They recommended poisoning as the most effective means to hold the population stable.

HR 1433--Private Property Rights Protection Act of 2012
http://www.gpo.gov/fdsys/pkg/BILLS-112hr1433rh/pdf/BILLS-112hr1433rh.pdf

  1. Passed House of Representatives by a voice vote on Tuesday.
  2. If passed in Senate also, would suspend Federal economic development funds for a period of two fiscal years to any state that takes property through eminent domain for a private purpose. It will also allow private property owners legal recourse to fight private property takings by state and local governments that are used for private purposes.
  3. As a result of the Supreme Court's 2005 ruling in Kelo v. City of New London, the government's power of eminent domain has become almost limitless, providing victimized citizens with few means to protect their property...
  4. Several states have independently passed legislation to limit their power to eminent domain, and the Supreme Courts of Illinois, Michigan, and Ohio have barred the practice under their state constitutions.
  5. Washington State has failed to pass meaningful eminent domain reform.
  6. Since 2007, Washington requires the condemning authority in Washington to provide notice by certified mail at least 15 days prior to the public meeting at which a final decision on condemnation will be made.
  7. HR 1433 will provide American citizens in every state with the means to protect their private property from exceedingly unsubstantiated claims of eminent domain...
  8. Many states have already acted, Congress must play a pivotal role in reforming the use and abuse of eminent domain.

Farm Bureau Campaign Management Seminar
http://www.wsfb.com/Campaign+School+2012

  1. Lacey April 5-6 2012
  2. Limited to three people per campaign
  3. Candidate--WFB Member $150, Non-member $200
  4. Campaign Manager--WFB Member $150, Non-member $200
  5. Third Volunteer--WFB Member $100, Non-member $150

Discussion List—Febuary 2, 2012

The Independent Campaign for Protection from Unlicensed Geological Practice
http://www.change.org/petitions/the-independent-campaign-for-protection-from-unlicensed-geological-practice

  1. Currently has 320 signatures... goal is 1000

UN has a "new blueprint" to chart a more sustainable future
http://www.un.org/apps/news/story.asp?NewsID=41077

  1. 30 January 2012 -Secretary-General Ban Ki-moon today called for action on a new blueprint for creating a sustainable planet, a just society and a growing economy, stressing that the current path will not lead to a fair and resilient future for the world's people.
  2. Speaking in Addis Ababa, Ethiopia, at the launch of report by his High-Level Panel on Global Sustainability.

Driverless Vehicles
http://www.ted.com/talks/bill_ford_a_future_beyond_traffic_gridlock.html (16.5 min video)
http://en.wikipedia.org/wiki/Vehicular_communication_systems
http://www.ted.com/talks/sebastian_thrun_google_s_driverless_car.html (4.25 min video)
http://en.wikipedia.org/wiki/Google_driverless_car
http://www.youtube.com/watch?v=0yNPAVNlHbU (10.5 min video)

  1. http://www.ted.com/talks/bill_ford_a_future_beyond_traffic_gridlock.html (16.5 min video)
  2. http://en.wikipedia.org/wiki/Vehicular_communication_systems
  3. http://www.ted.com/talks/sebastian_thrun_google_s_driverless_car.html (4.25 min video)
  4. http://en.wikipedia.org/wiki/Google_driverless_car
  5. http://www.youtube.com/watch?v=0yNPAVNlHbU (10.5 min video)
  6. Car companies are beginning to think of themselves as being in the "transportation services" business.
  7. Driverless vehicle projects are underway at Ford, Toyota, BMW, General Motors, Volkswagen, and Google.
  8. Key technologies include GPS, Cameras, lasers, radar, and vehicle-to-vehicle (V2V) communication systems.
  9. The National Highway Traffic Safety Administration (NHTSA) plans to make a decision by 2013 regarding a standard for V2V communication.
  10. V2V communication is currently in development by General Motors, BMW, Daimler, Honda, Mercedes and Volvo.
  11. Motivation for Driverless Vehicles includes greater mobility, fuel economy, safety, and convenience.
  12. New fast processors allow cars to react quickly.
  13. Current features include cruise control with sensors to maintain a safe distance behind other vehicles and automatic parallel parking.
  14. Future features will include V2V communication, advance parking space reservation (less time spent looking for parking), and true driverless control of vehicles.
  15. Benefits will be much faster commutes, coordinated rerouting to reduce traffic, less need for parking, and little or no need to expand freeway infrastructure (because of shorter "head space" between vehicles), and greater mobility for the young, aged, and infirm.
  16. Thilo Koslowski, with Gartner says, "In 10 years you will see the first kind of autonomous vehicles" on regular streets.

Innovation Forecasting

  1. Tax-payers will be paying for 50 years or more for costly projects, like Light Rail and Brightwater (sewage treatment facility).
  2. These projects are based on assumptions about economics, which are untrue, yet result in compromising individual property rights.
  3. Meanwhile, new technologies will make these systems totally obsolete.
  4. People need to insist that their leaders investigate the potential for future innovations, before committing to lengthy and costly projects.

Events
http://www.proprights.org/
http://nwfreedomfest.org/

  1. CAPR Banquet and Workshops--March 10, 2012, Tukwila Doubletree Hotel
  2. Northwest Freedom Fest--Saturday, Feb. 11, 2012, Hansen Conference Center, Everett--Dr. Thomas Woods and Dr. Chuck Baldwin

Discussion List—January 5, 2012

California Supreme Court Upholds Law Abolishing Redevelopment Agencies
http://castlecoalition.org/about/3533
http://castlecoalition.org/images/publications/californiaschemingfinal.pdf

  1. Press Release from the Institute for Justice
  2. California redevelopment agencies have been some of the worst abusers of eminent domain for decades, violating the private property rights of tens of thousands of home, business, church and farm owners.
  3. As part of the state's response to its fiscal emergency and to stop this drain on the state's resources, the legislature passed, and Governor Jerry Brown signed, two laws: Assembly Bill 1X 26, which dissolves redevelopment agencies, and Assembly Bill 1X 27, which exempted agencies that agreed to make payments into funds benefiting the state's schools and special districts.
  4. The California Redevelopment Association and the League of California Cities, among others, challenged both laws, arguing that they violated the California Constitution.
  5. The court concluded that the Legislature has both the power to create such agencies and to dissolve those same entities when the Legislature deems it necessary and proper.

Battle for Brooklyn
http://battleforbrooklyn.com/ (Battle for Brooklyn web site)
http://vimeo.com/30026732 (5 minute John Stossel video)

  1. New York State took 22 acres of private property by eminent domain on behalf of a developer.
  2. The developer wanted to build a ball stadium and 16 sky scrapers.
  3. The developer promoted the idea as a way to bring the New Jersey Nets to Brooklyn.

Bulldozing Free Speech--Eminent Domain Abuse
http://www.ij.org/index.php?option=com_content&task=view&id=2519&Itemid=207
http://www.amazon.com/gp/product/1594031932/ref=ox_sc_act_title_1--Bulldozed by Carla T. Main

  1. A Dallas developer has launched a lawsuit spree to silence anyone who dares shine a spotlight on his abuse of eminent domain.
  2. The city of Freeport, Texas is attempting to force out a generations-old family shrimp and marine supply business to make way for a luxury marina development that was to be owned and operated by a private development company.
  3. When the eminent domain victims complained the developer sued them for defamation.
  4. When investigative journalist, Carla T. Main, wrote the book Bulldozed to expose the project, he sued her, as well as her publisher (Encounter Books), for defamation.
  5. He also sued a prominent law professor (Richard Epstein) who wrote a blurb for the book's dust jacket.
  6. When someone reviewed the book, he sued him.
  7. When a newspaper published that review, he sued the newspaper.
  8. The Institute for Justice, Texas Chapter, is representing Main, Epstein and Encounter Books in their defense against the developer's lawsuit.
  9. Three other cases are listed on IJ's web site, which employ harassing lawsuits and legal bullying tactics to silence people who speak out against eminent domain abuse for private benefit.
  10. Political speech is fully protected under the First Amendment. Eminent domain abuse is an issue of public concern, and those who participate in public projects open themselves up to public scrutiny and criticism. By defeating this obnoxious lawsuit, the Institute for Justice will vindicate the right to free and open debate on issues of public importance generally and eminent domain in particular.

Takings--Epstein and Biden
http://reason.com/archives/1995/04/01/takings-exception/singlepage

  1. His well-known book Takings: Private Property and the Power of Eminent Domain is a powerful contribution to the theory of limited state powers.
  2. "I took some pride in the fact that [Sen.] Joe Biden (D-Del.) held a copy of Takings up to a hapless Clarence Thomas back in 1991 and said that anyone who believes what's in this book is certifiably unqualified to sit in on the Supreme Court. That's a compliment of sorts," says Epstein.

Fate of the Signers of the Declaration of Independence
http://www.archives.gov/exhibits/charters/declaration_transcript.html
http://www.constitution.org/bio/fate_of_signers.htm
http://www.snopes.com/history/american/pricepaid.asp

  1. "And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."
  2. The "Fate of the Signers" is often published and cited, but its accuracy is doubtful.
  3. Snopes investigated this account and concluded it is a "Mixture Of True And False Information."
  4. The signers of the Declaration of Independence took a huge risk in daring to put their names on a document that repudiated their government, and they had every reason to believe at the time that they might well be hanged for having done so. That was a courageous act...

Declaration of Independence
http://www.archives.gov/exhibits/charters/declaration_transcript.html

  1. The Declaration of Independence lists 26 facts, which motivated the colonies to declare independence. Among these are the following. (Do they sound familiar?)
  2. "He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."
  3. "... imposing Taxes on us without our Consent."
  4. "... depriving us in many cases, of the benefits of Trial by Jury"

More CAPR Support Needed

  1. Some CAPR leaders are suffering from "volunteer burnout"
  2. If CAPR is going to continue to grow we need more active participation.
  3. If you haven't made any New Year Resolutions yet, here is an opportunity.
  4. Please fill out the 2012 Resource Inventory-Skills/Talents and Interests
  5. Check the Involve Me box if you can help, or the Inform Me box is you merely want to keep informed of a particular topic or issue.
  6. On the back is the list of King County Chapter Officers


January 1, 2012