The Takers

While I normally use just the one blog, I thought this issues was important enough to post on every blog I own.

Some things are right or wrong because of the nature of the issue, not the politics of it and there are some things that affect us all or could affect us all. One of these problems is the abuse of a doctrine called "Eminent Domain," sometimes called condemnation, expropriation or, most accurately, "taking."

While researching this I discovered that the actual doctrine of Eminent Domain is basically that a government has the right to "take" property it deems necessary for the public good. It has always been the right of sovereign nations to do this and such a standard practice that the founding fathers did not address it in the Constitution. Fortunately, George Mason of Virginia opposed the Constitution because it had no "Declaration of Rights," stirring up a debate that gave us the first 10 amendments, commonly called "The Bill of Rights." And, like so many other of our rights, these founders had the foresight to include a clause in the Fifth Amendment saying "...nor shall private property be taken for public use, without just compensation." We see by this clause that the practice was known and they sought to address it. This and the 14th amendment, ratified in 1868, guaranteeing, "...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

This entry was begun as a rant about a privilege which governments, even our very own government here in the United States, see as a right. I suppose it may be, perhaps has to be, but it seems that in a free and Democratic society such as ours, the public, "We The People," ought to have a voice in such matters. This is often not the case and it is often abused. Yes, even here, in our country, even in the very state of Colorado. As I was doing my homework for this entry, I discovered there are 10,000 documented cases of "Eminent Domain Abuse" in this country and one is right here in my own backyard. One of the biggest land grabs in history is being attempted right here in Colorado.

http://www.pinoncanyon.com/

The U.S. Army is currently trying to take half a million acres, 418,577, to be exact, or 654 square miles (or 261,610 Eastern U.S. square blocks for you city dwellers), with the idea of eventually taking a total of 2.5 million acres, or 3906 square miles, an area roughly the size of Delaware, Rhode Island and Washington D.C. combined. The Pentagon had originally put a moratorium on major land acquisitions like this but surprisingly enough waived it for the Army. I thought I would go to the Army's website and see what they had to say about it, but the press release only states that the Army is going to purchase this much (418,577 acres) land. Their site does not mention their further reaching plan or that there are ranchers that do not want to sell. There are people who have been on the same piece of land for 5 generations. And what if the land is not for sale? The Army spokesman said in a news broadcast on KVOR that they have not and will not rule out getting the property by any means, including the condemnation and eminent domain process. In other words, they will take what they want. (Notice that sentence ended with a "period?" Yep. They will take what they want. Period.) Denver Post columnist David Harsanyi got it right with the title of his recent column, "Land Grab Gives Army Bully Image." Because that is exactly what is going on here.

The Army is not only trying to take private property but is destroying a way of life as well. I cannot describe in one blog entry about eminent domain what the great-great grandfathers of some of these men went through to build these ranches or the culture of the West. If you want to understand the spirit of these men, you can read fictional accounts in almost any book by Louis L'Amour. "Galloway," "The Daybreakers" and "Ride the Dark Trail" come specifically to mind. While they are fiction, they do capture the character of these people. Before the wagon trains, before the Santa Fe Trail, before Horace Greeley's admonition, "Go West, young man," there were the ancestors of these men and women in Southeastern Colorado, opening the way for this great nation to expand. Great way to pay 'em back, I guess, "Oh, sorry, Mr. Pioneer Rancher's Ghost. You helped make this country what it is today, thanks, but we're going to steal your land back now."

I have always been a big fan and supporter of the Army. As any one who has ever stopped by this blog knows, besides having stinky feet, I consider myself a Flag-Wavin', Right-Wing, Gun-Totin', Hetero-Christian-Pro-Life-Love-The-Army-Support-The-Mission-Conservative, but what they are about to do here is wrong and abuses a power that should be administered sparingly, when at all.

While some of the ranchers are willing to sell, many do not want to and many can't, because potential (private) buyers back out when they find out what the Army is trying to do. My question is also, "What is the public good?" Who are "The Public" and how will they benefit? Shouldn't the people who actually live in the area, the citizens of the towns and counties that are affected, be considered part of "The Public?" Whose good? The good of the Army, maybe, but that's about it.

The Army claims they will be bringing in 10,000 soldiers and this will help the Colorado Springs economy, but I would like to know, since the average private only makes $18,000 a year, which is at or below poverty level and certainly not addressed in the minimum wage bill just passed (figure frequent 20 hour workdays here and then divide the 18,000), will this be a real big boost to the economy? Probably not, except that there will be more pizza delivery drivers and convenience store clerks as most people in the Army need other jobs to support their families.

So, five generations of work, not to mention that the area is full of places of

historical,


archaeological and anthropological significance.


One of the largest sets of dinosaur tracks is in the area as well.

Wagon tracks from the Santa Fe Trail are still visible here (the grass hasn't grown back over 100 years later) so, ecologically and environmentally, what will happen if tanks start maneuvering here? Of course the Army will promise to protect these things, but what about the livelihoods of the ranchers and farmers in the area and the small towns and small businesses that depend on them? What about the previous promises the Army has made? The Pinon Canyon website, details how well the Army kept them. Read the Pinon Canyon website; talk to some veterans or most any Indian about how well the government keeps its promises even when you keep your side of the deal.

So, what do you do if the U.S. Army says that they need your property and will get it by any means including stealing it (I was always taught that if you "take" something that doesn't belong to you, that's stealing), even though your family has been there since before the wagon trains? Since before the area was even a territory of the United States?

The hope that we have lies in the fact that besides being a Democracy, "Of the People, By the People, For the People," our country is a Representative Republic. The Army, while being an authorized arm of the Government, is not the Government. Go right now and check out http://www.pinoncanyon.com/ . Give it a thorough going over. The site offers a comprehensive look at what is going on here.

There are a number of representatives who are conscientiously working to define more carefully how this power may or may not be used, but they won't know it's important to you unless you tell them. The great thing about the Internet is that you don't even have to get up from where you are at right now. You can visit the U.S. Senate, The House of Representatives, the Whitehouse and the Supreme Court in mere seconds. State, county and local governments also have websites which you probably have used. You can be an activist and never have to leave the comfort of your computer desk and find out how your specific elected officials feel about this issue. Ask 'em. Then ask what they are doing about it.

I apologize that this is a longer entry than I have done in quite a while, but it is important to me and I think it should be important to everyone else, too. Please consider putting a link to http://www.pinoncanyon.com/ on your websites and e-mail it to everyone you know. I encourage all my readers to write about this problem or the problem of Eminent Domain Abuse, especially the ones that agree with me. Hahaha! That was just a joke, but you know, I seldom if ever "tag" anyone with meme's so instead, please give this some consideration.

Remember, the good Book says, "Thou shalt not steal."

Photos used by permission of http://www.pinoncanyon.com/ and hosted on http://photobucket.com/