TRACKSIDE

 

March 16, 2004

 

By John D'Aloia

 

sawsee@earthlink.net

 

The Kansas Senate recently turned its back on private property rights by defeating an amendment that would have prevented eminent domain powers from being used to steal one person’s property to give it to another person under the guise of economic development.

One senator, when confronted by an angry constituent, said he favored private property rights, but voted against the amendment because it was "poorly worded."

Come on, Senator, this is a cop-out. If wording is of such a concern, why did you vote for destination sourcing? I know you did; I checked.

If ever there was a poorly considered, poorly worded bill, HB2005 was it. You worry about the impact on the state that the eminent domain amendment might have had, yet you exhibited a complete disregard for Kansas businesses -- and the economy -- when you voted to impose Draconian requirements on Kansas businessmen during the eleventh hour of the last session without knowing the full reaches of your action.

The two votes really do provide an insight into your view of the relationship between citizens and government, a view that says citizens exist to feed tax dollars to Topeka and to those in power.

Senator, you have an opportunity to redeem yourself.

You sit on the Judiciary Committee. This past week, you heard testimony for and against SB547, a bill that will accomplish what the amendment would have accomplished, protecting private property from the covetous eyes of developers and greedy state functionaries.

You will be working the bill this week. You will be able to ensure that the wording is proper before sending it to the floor for debate and adoption.

Stand up for the rights of your constituents.

Honor the oath you swore to uphold the Constitution.

Demonstrate that you really do believe that government is the servant of the people and exists to defend their individual rights.

Demonstrate that you understand the genius of The Founders.

The SB547 hearing was enlightening. It revealed once again that those who gain their power and livelihood from the manipulation of Leviathan’s ability to control society will brook no attack on their authorities.

The five opponents represented entities whose power would be reduced -- and they all were funded by tax dollars: the Blue Valley School District, Kansas Department of Transportation (KDOT), the League of Kansas Municipalities, the Kansas Association of Counties, and the Shawnee County Counselor.

Your tax dollars at work, your tax dollars being used to maintain a government power that directly erodes a fundamental right, the right to own and enjoy the benefits of private property, a right that enables you to be independent and free.

My reaction to their testimony? They were socialists, elevating the right of the state to make economic decisions above the rights of individual landowners. (My friend whispered "communist" as one was speaking.)

Equally aggravating was their arrogance. They held that the only path for economic development is to have the state extract tax dollars from the private sector and redistribute them as the state divines ... appropriate.

One stated very firmly that the state has to be involved in economic development -- only the state can provide the tools to attract businesses.

At that point I was muttering to myself -- they had no faith in or understanding of the market place, of freedom.

If they really wanted to enhance economic development, they would be advocating the elimination of Legions of Clerks, they would be advocating tax rollbacks, they would be advocating massive reductions in the onerous regulatory burdens placed on businesses -- they would get the heck out of the way.

They exhibited F.A. Hayek’s "fatal conceit", the conceit that government planners are superior to the open market place, superior to Adam Smith’s "Invisible Hand."

They were wearing the mantle of Thomas Sowell’s "Anointed", the elite who think they are our Guardians.

Politics sometimes makes strange bed-fellows.

The Sierra Club, normally oblivious to private property rights, testified in favor of the eminent domain restrictions because it would limit the ability of the state to subsidize land development.

The most compelling testimony of the hearing came when a small businessman related how his business regressed when Shawnee County stole his land and his nine-month-old building to give it to Target.

When he fought the theft, he ended up getting but half of the amount received by his neighbors.

The county, he said, abused him and abused county taxpayers.

His ordeal should be a warning to all small businesses -- unless the legislature acts, your land, your building, and your livelihood could be taken from you by a government that kneels before those who promise more tax revenue to feed Leviathan’s maw.

 

See you Trackside.