Don Mitchell's Response To Our Zoning Is Theft Article

Zoning exists (or should) to protect the property owners of a paryticular neighborhood or community. People buy property zoned a particular way to insure that their property investment will retain value. Neighborhoods and the people who live in them are entitled to expect that the value and enjoyment they have in their property will not willfully be destroyed to advantage another. Zoning set consistent with the desire of a neighborhood should NOT be changed or scrapped to benefit a well-connected individual or some government goal (AFFH comes to mind). The bigger problem we property owners face today is the government changing established community zoning patterns on which the value of our properties depend to benefit either those well-connected individuals (developers) or the theoretical goals of bureaucrats (aka “planners”) to the disadvantage of the majority of area property owners and taxpayers.


Don

Above is Don's response to the article where we said Zoning Is Theft.  I have known Don for a few years now and have the highest respect for him.  Don has some great points.  But I still disagree with him on this issue.  Market conditions can easily be set up where government does not need to be involved.  Excepting any area of socialism means you must except all areas of socialism.  Whenever government gets involved, nothing ever goes according to it's original plans.  That is socialism.  The premise of socialism always sounds good on the surface, but it never works out that way.

  Freedom to do what one wishes with one's property was the fundamental rights according the  framers of this nation, so long as it was lawful.  This is no longer the case.   That means government has stolen our rights.  We did not need new codes and zoning to protect rights we already had.  We lose rights every time new codes are written.  Now nearly everything is illegal according to some obscure code written by someone who was not representing the people when it was written.  

  The answer is very simple, tear up the codes for zoning or government needs to step up and start paying up.

Zoning Is Theft, Tell Your Elected Officials To Pay Up Or Tear Up The Laws.

Zoning.  The government controls it and they are the ones who have made up the entire system.  Does zoning do anything for "We The People" though?  Why yes it does.  It robs us.  It is an insidious system of theft from the pockets of anyone who wishes to do something with the property they purchase for whatever use they had planned.

  It is nothing more than a socialist construct that allows government, against your rights, to dictate how, what, when and where, you can do something with private property.  Wait, did I say private property?  How can property possibly be private if the government can step in at anytime and tell you what you can and can not do with it?  Someone somewhere is lying to us.  Let's look at the basic definition of zoning to see if we can get a better grasp of what it is supposed to be.

  "Zoning:  The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts (or zones), that are for the most part separate from one another, with the use of property within each district being reasonably uniform."   http://realestate.findlaw.com/land-use-laws/land-use-and-zoning-basics.html

   Already we have issues with the government determining what can be done with private property.  That means private property is no longer private.  If that is the case, then that means the government has an ownership stake in all property.  If that is the case, and they are saying it is, then the government should also be paying a percentage of taxes on property under your name or entity that you hold property under and the government should be getting bills from you on any and all maintenance and upkeep you do on any property.  When is the last time this has happened?  It hasn't you say?  Why not.

  If the government is going to dictate to you what can be done with property, then the government needs to also step up and start paying their fair share or get out of our way.  Paying for zoning changes and having to go through public hearings for those changes is tantamount to pure theft.  The government is stealing from you and all the rest of us.  It's time to tell the government to get out of our way and stop stealing from us or they better step up and start paying their fair share of all the work and materials we add to any given property.  Tear up the zoning laws.  Stop the theft.  Tell your elected officials to pay up or tear it up.  This is not a government service unless you consider theft of your money a government service.  

Gloucester, Virginia Zoning For Horses: None By Federal Law

Now here is a very interesting case that was brought up before the Board of Supervisors and we just covered this issue in an earlier post tonight, but the issue involves zoning for horses in Gloucester County.  Well zoning only applies to county owned land.  Not to anyone with a farm, business, or personal use.  The county has no legal say whatsoever in this matter, yet, are trying to state that they do.  You have no obligation at any time to ask for permission to do anything here in the county or anywhere in the 48 states of the Union.  (We know there are 50 states, but you better look up some facts on who the Constitution actually applies to).  The claims made by Ted Wilmot simply are not true based on the information below.

Again, let's look at those laws:

"ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED 
California Law prohibits Cities and Counties from enforcing City or County Codes and Ordinances upon property that is not OWNED by the City or County even if the property is within City limits.

California Penal Code: Chapter 5b CITATIONS FOR VIOLATIONS OF COUNTY, CITY, OR CITY AND COUNTY ORDINANCES Sections 853.1through 853.4 was repealed in 1967.

The Supreme Court ruled that Municipalities cannot exert any acts of ownership and control over property that is not OWNED by them, see Palazzolo v. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S.Ct. ___(2001) (no expiration date on the taking clause for City's illegal enforcement of its Codes on the man's private property and restricting the man's business), affirming both Lucas v South Carolina Coastal Council, 505 US 1003, 120 L.Ed. 2d 798 (1992).(butterfly activists and Code Enforcement cannot restrict development of the man's private swampland unless they lawfully acquire the land FIRST, surveying with binoculars constitutes a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L.Ed. 2d 882 S.Ct.____ (1998).

In the Monterey case, the California private property owner was awarded $8 million for Code Enforcement's illegal trespass and restriction of his business, and another $1.45 million for the aggravation of a forced sale.

Federal Law also prohibits Cities and Counties from issuing citations against businesses, see Title 18 U.S.C.891-896, quoting Section 891 "An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property."

Black's Law Dictionary 5 th Edition (page 1140): Recaption. At Common Law, a retaking or taking back. 

Now even though California law is cited here, it is applicable throughout all 48 contiguous states of the union.  Ted Wilmot does not know the law?  Whomever brought the charges against these people should be sued to no end.  Each county employee involved should be sued as a private individual as well as the county in our opinion.  Again, the audacity of these folks is unreal.   Please note the amount the man sued for and won.  The county needs to be taken to task on this outrageous invasion of the people the county brought to court.  The massive invasion of their rights is unconscionable.

  Now what is truly sad is the fact that the people who are in court over this, their own attorney does not even know this nor tried to look it up.  What does that say about their own legal council?  You need to hire an attorney why?  Ever?  Good luck with that.

But as we like to state, none of this should ever be construed as legal advice.  You can only get legal advice from a Franchised Bar attorney which we have not bought into the Bar franchise nor are we even interested in doing so.  So for franchised legal advice, please see a franchised legal consultant known as an attorney.  We only discuss lawful concepts which everyone has a right to do as that right is inherent and unalienable.  No license required.  In fact, in the Commonwealth of Virginia, it's the people who make the laws, not the government.  If you question that, please see the Commonwealth Constitution.  

  Those codes that the legislature churns out is only the color of law.  If it were law, it would say it was law.  Instead, they are statutes, codes and or ordinances.  That is not law.  Those codes, ordinances and or statutes really do not apply to you.  They apply to a person.  Who is a person?  An actor who wears a mask.  

  Who are the true actors?  Government employees.  Most folks are wrongfully charged and do not even know it and get thrown in jail, prison, or charged with crimes they did not actually commit.  And you thought maybe something was wrong with the system?  Yes there is.

The Official State Office Known As Person 

The above document is free to download from our SlideShare site.  It explains who a person is.  We verified the definition of a person through the Oxford dictionary as well as the Catholic Dictionary.  An actor who wears a mask.  If it was meant to be against a man or a woman, the codes, statutes and or ordinances would say so.  They clearly never do.  You have to ask why.  Or just learn the real definition.  Have you been fooled by the legal system?

Coming soon.  How to disqualify any judge or prosecuting attorney.  The legal term?  Recuse them.

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Gloucester, VA - Readers Continuing Responses On Edge Hill Service Station Slated For Potential Demolition

Readers Respond Again.

"Yes, keep it going. You display your ignorance and wild leaps of "logic" which time will show are at best confused. The station was painted white prior to being sold to the current owner who plans to upgrade the existing building and corner. This reality has nothing to do with a planning document ... say what you will about the planning document's merit ... it is not prescriptive. Not even the long arm of zoning can force a property owner to comply with a planning document. So, like I said, keep up the ignorance and people will gradually see that you have no idea what you are talking about. I particularly like your brazen posting of my previous message and you will probably do the same with this one ... I hope. Ignorance is not bliss. on Gloucester, VA - Readers Respond To Edge Hill Service Station Slated For Possible Demolition"

You claim the reality has nothing to do with a planning document.  The story was about the planning document and what those plans include.  You have not followed this site for any length of time and it shows in your comments.  We have been covering what, in our opinion, are blatant disregards for the laws here in the county.  We have been covering numerous issues for the past year now.

  It is our opinion that the county can figure out a way to force the present property owner to comply with plans the county wants to force through based on what we have already seen done throughout the county.  It is through exposure of what the plans are that helps to possibly prevent such actions.  Please read the headlines of that first story again.  Slated for POTENTIAL demolition.

  You use an interesting choice of words in your argument.  "Not even the long arm of zoning can force a property owner to comply with a planning document".  Gee, really?  The county can force a property owner into complying with a court order though can't it?  Zoning along with codes and compliance can condemn the structure if the county thinks it's in the best interest can't they?  The county can sure make the life of the present owner miserable if the county so chooses to can't they?

  You argue like a lawyer and most people would never catch that little deceptive description so well placed.  Well done.  Let's look at some other facts you missed.  "The building was painted white before being sold to the present owner."  Since then it has undergone exterior structural repairs, painted again to an off white or light tan color, has had numerous murals painted on it's side and other numerous work to create a rather pleasing facade.  Though on the one hand of the term it may not meet certain criteria for period restoration, on another hand, it meets restoration for the overall outer appearance from what it once was not that long ago.

  If you want to argue the article for what it is not, go ahead and knock your socks off.

  Let's see if we are on the same page here anyway.  We would rather not see the structure demolished.  Reason for exposing plans.  It's not our choice what happens to it though.  It's up to the new owner(s) to do as they see fit with the property.  It's not the place of the county nor the Gloucester Main Street Preservation Trust to interfere with any property owner anywhere in the county unless the property represents a serious public health issue.  At no time should  county officials or even the Gloucester Main Street Preservation Trust be involved in creating plans for private property.

  Answer that question while on the subject.  Why is the Gloucester Main Street Preservation Trust even looking at private property and making potential plans for it's use when it does not even have the right to?  Please edumakate this 1st grade graduit since you are so well informed with obviously deep inside knowledge and bursting with such illuminating brilliance so that we no longer linger in ignorance.

  In regards to the brazen posting of your comments.  You posted it on this site, not us.  All we do is make it easier for everyone to see and we try to respond to all comments.   We look forward to being illuminated.

Another brazen bribe free MP3 download.  Daniel Bautista - The Four Seasons - Summer Presto.  This is a rock version of the song.  Well done.  CC Lic 3.0 attrib/share alike.
https://docs.google.com/file/d/0B5NJpRCvjyV8cGZvelhDX0lVcXM/edit?usp=sharing  Our way of saying thanks for spending time with us.

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