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Regulating ourselves to death


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  • The slow creep of government regulation over the rights of American landowners has lulls and pauses, but is always crawling forward — never back.

The slow creep of government regulation over the rights of American landowners often takes place just below the public sightline. It’s a barely perceptible process in which laws and regulations quietly chip away at the foundation of private property rights — a sort of stealth erosion. The process has lulls and pauses, but is always crawling forward — never back.

(The Sackett vs. EPA battle is a classic example. See EPA hunting bullfrogs with shotgun in Sackett case)

When Kelly Vander Kley Hunter and her family bought a tiny farm in Mattawan, Mich., three years ago, she unwittingly stepped into a regulatory minefield. Two donkeys, one horse, one turkey, chickens, and ducks were cause enough to bring the regulatory Gestapo to her doorstep.

After neighbors complained, the Hunters received a letter from the local township government giving the family 90 days to get rid of about half of their animals. The letter claimed the Hunters were in violation of zoning regs — compliance was demanded; case closed.

But an article in Reason shows the Hunters were not about to kneel and kiss the regulatory ring. Before buying their five-acre hobby farm and spending $50,000 in restoration, the Hunters had received confirmation that farm animals were permissible on their rural-residential coded property.

But as Adrian Moore, vice president of the Reason Foundation, says, “You cannot believe how many things you cannot do on your own property — unless the government lets you.”

The Hunters found themselves in breach of code because the township can change the zoning regulations as it sees fit. In essence, city government can move the goalposts whenever it likes. “They (the neighbors) took it to the political court which unfortunately has become more and more popular in this country, and so it’s being played out on crony politics rather than any type of real, objective standard. The fact that the neighbors are using the political process, rather than the court system, already says they’ve got a somewhat suspicious complaint,” says Moore.

Neither townships nor the federal government like to have personal property rights cases played out in court; preferring instead to rely on the silence-inducing effects of layers of regulation. Government officials love to bind regulations, judicial review, due process and bureacracy into a single amorphous tangle — which is nearly impossible for the common man to unravel. In many cases, regulatory officials are afraid that when facts are laid bare — common sense may prevail.

Discuss this Blog Entry 3

on Sep 4, 2013

Hello, author, are you really rooted in Reality?

"After neighbors complained, " ... so, "the regulatory Gestapo" are "Us"??

This is a sad tirade against a phantom paranoia. Regulations are in place because Citizens have requested them or have forced the need for them, not because 'government' is looking to create them over Popular protest.
We do not know the complete Facts in this alleged case. But, typically, county officials cannot "move the goalposts", and, if they do, there is recourse. Most animal situations, IF they were allowed by statute to begin with, are entitled to "grandfathering", especially on parcels 5+ acres.

The 'government' is US. So, maybe the answer is for Citizens to turn out to Vote?

Buck6 (not verified)
on Sep 4, 2013

Dear tgsherer;

Really ! I mean "Really" I can only assume that you work for the Press and are looking for feedback by stating such absurdities and general opposits of the article. No one in there right or is it Left mind would make a statement. You must work for the county them.

Anonymous (not verified)
on Sep 5, 2013


I don't know what fantasy land you live in, but take a look around. Government regulation is gutting all different forms of industry. Here in California, small companies and businesses (what drive this country) are being regulated clear out of the state. I won't even begin to discuss property rights, or lack there of that are coming into effect around here. People like yourself are what is wrong with this country.

As for the article, couldn't the family farm in Michigan utilize any part of the Michigan Right to Farm Act of 1981?

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