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Sunday, December 24, 2006
Paul Jacob :: Townhall.com Columnist
Long live Dorothy English
by Paul Jacob
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Stealing is wrong. Stealing from a 95-year old widow is despicably wrong. But somehow, when the stealing is done by the very folks pledged to serve and protect — by one’s own government — well, wrong becomes wicked.

Is this what American governance has become? A big, fat, greedy, people-devouring bully? Even at the local level?

For the last 33 years, Multnomah County, Oregon has robbed Dorothy English of the use of her land, negating her life savings and stomping on her dream to provide for her children. Now, after this wily grandmother has beaten the politicians and regulators in court as well as at the polls (twice), county officials continue to appeal, delaying a resolution.

“Multnomah County’s lawyers know that if Dorothy dies before the case is done,” Portland-based talk-show host Lars Larson explained to his audience, “then the county owes her and her estate nothing. The property rights expire when this sweet lady passes.”

“Their hope is that Dorothy . . . will never see the day that she recovers her money,” says Dave Hunnicutt, president of Oregonians in Action, about county officials. “If people want to know why property rights are important, this is a first-class example.”

The saga begins in 1953. Dorothy and her late husband purchased 20 acres of land less than a mile from Portland city limits, in an area of rural home sites with beautiful views. The Englishes were making an investment in their future, and their children’s. The goal was to sub-divide the property both to give lots to their children and to sell lots to finance their retirement.

In 1973, Multnomah County and the State of Oregon began to rezone Dorothy’s property, preventing any such development. Today, her land is zoned as commercial forest, despite the fact that there aren’t many trees on the property and there’s been no commercial forestry in the area for decades.

And that’s just one regulation. There are plenty more covering her property. County officials also claim elk use it, making it a “wildlife corridor.”

“My lawyer researched it and found there were 61 regulations against my property — 61!” says English.

Such stupid regulation may indeed be widespread, but it ran smack dab into a great American tradition: resistance. Dorothy English wasn’t going to just take it.

“My God, it took us so long, of scrimping and saving and working, to pay for this place. And then to let somebody steal it?”

In 2000, Oregonians in Action, with Mrs. English’s help, worked to pass a constitutional amendment to end regulatory takings abuse. But that measure was subsequently struck down in court. Then in 2003, English’s state senator, a former president of the state’s Sierra Club, sponsored a bill to end this regulatory travesty. It passed, but Multnomah County put pressure to Governor Kulongoski, who killed it with a veto.

So Dorothy — and a whopping majority of Oregonians — struck back. “[U]nlike so many other people, Dorothy refused to lay down,” insists Hunnicut. “She’s been a constant and vocal critic of Oregon’s state land use system and Multnomah County in general. She was the voice for Measure 37. Multnomah County officials hate her guts.”

Measure 37 is Oregon’s voter initiative that requires governments to compensate property owners when they impose burdensome regulations that deny citizens the use of their property. It passed 61 to 39 percent in 2004 — garnering the most Yes votes of any initiative in Oregon history. This, despite the fact that Oregonians in Action found themselves outspent three-to-one by environmentalists, unions and the state’s big lobbies.

“People finally woke up to what was going on,” Dorothy said after the passage of Measure 37. “Their land was being stolen from them. That’s what I call it, ‘land-stealing.’ That’s why we got 61 percent.”

Measure 37 has also withstood constitutional challenge, but even so, the victory is not quite complete. Since going into effect, Measure 37 has suffered a continuing barrage of attacks from those Oregonians who seem wed to the dogma that all land should be controlled by an elite vanguard of the “Portlandtariat.” Usually no friends of taxpayers, their loudest argument against this reform is that property owners have filed claims totaling $7 billion against local governments, or the state, under 37.

Whew! That is a lot of money. So, what has 37 actually, really and truly cost Oregon taxpayers?

“Not a penny,” points out Hunnicutt. Governments have waived the regulations every single time. It causes one to wonder how important a regulation is to the public if there is such an unwillingness to pay for it.

Which brings us back to Dorothy English. Under Measure 37, Multnomah County must either waive their regulations on the development of her property or pay her the damages, which even the county admits to be over $1 million.

But county officials refuse to do either one, stalling. Waiting. Like vultures.

Having to fight one’s own government is tough for anyone, but especially for someone in her golden years. Dorothy English deserves to have her land or the money government officials owe her. Now.

“I’m so damn mad, and tired of fighting for what is right. I want my land to be mine, to do with whatever I want,” she says. “I don’t think that’s outrageous, do you?”

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About The Author
Paul Jacob is President of Citizens in Charge. His daily Common Sense commentary appears on the Web, via e-mail, and on radio stations across America.
 
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Dorothy English
You would have to know the county commissioners and the way they work. They setup a tax for county residents (with no vote) and they are trying to extend it. They also decided to allow same-sex marriages (thousands showed up)without a vote or let the public know - they just decided. This is the way this state (Oregon) works and of course Kulongski is worthless but the majority of this state is democrats - need I say more?

oops!
I gave credit to sdm for the quote, but it was from Rick... (sorry!)

As for sdm's Jefferson quote, I agree 150%!!

~~SassafrasTea

Long live Dorothy...
As sdm quotes above, let her outlive them all!!!

If all the other homeowners have had their restrictions waived, then why in hades don't they get off their duffs and waive Dorothy's???

Oh, sorry, I'm trying to apply logic to a marxist entity...

~~SassafrasTea

We, the people
suffer the greatest poverty of freedom and liberty when we are denied the ability to use right reason. How are we denied that ability? Through the government schools' monopoly on our tax dollars. Only one system of belief is supported by the government. That is tyranny. The system of belief that is favored by the government (in direct violation of the First Amendment to the Constitution) is fundamentally flawed. How can anyone teach the use of right reason if not only the teaching of the foundation of reality (the Supreme Being) is prohibited, but even discussion of that foundation is prohibited? When people cannot use right reason, they cannot discriminate between truth and falsehood, right and wrong, moral and immoral, freedom and slavery. The truth will set you free is more than a slogan. If we want freedom to flourish, we must support all belief systems that tolerate the existence of opposing belief systems. Our citizens will never require government to perform reasonably is they can not reason rightly. Vouchers for all.

Liberty need to be refreshed?
Does the tree need to be fertilized? Sounds like it. Most know(especially at this site) that Thomas Jefferson once wrote "The tree of liberty must be refreshed
from time to time with the Blood of Patriots
and tyrants it is it's natural manure"

Can anyone say it better?

dorothy
dear dorothy ,
like abou ben adhem of old,
may your tribe increase.

Road to Serfdom

.....When the Government denies private property rights for whatever reason ....Marxist totalitarianism is not far behind ...home owners who pay property tax do not really own their homes ...they rent from the State ...land restrictions under the direction of enviro-whackism is a tool of the Government to steal private land ...

.....The Soviet Union under Stalin had a Constitution ...it was not worth the paper it was written on ...ours is fast approaching that point ...there are literally tens of thousands of Federal Laws, Agencies and Regulations on the books that would not pass Constitutional muster ...

.....the Left manipulates the Constitution to rob us of our freedoms (Free Speech, religion etc.) ...the end is near ...we are doomed ...resistance is futile .....COLOSSUS

So? Business as usual
This is just another example of business as usual for government.

The Duke Lacrosse players.

Kelly Michaels in New Jersey.

The Amiraults in Massachussetts.

All cases where government is wrong yet refuses to admit its error. Unfortunately, there are new examples every day of innocent people in jail, people whom the government refuses to set free because, bottom line, it would embarass the prosecutors or other officials who initially railroaded them into jail.

This is the same government that benefits from asset forfeiture, cameras in intersections and advanced monitoring techniques.

It's truly getting to be government versus the people.

Had enough?

Barry

If they pay
they will take it back in the form of inheritance tax when she dies. Her children will probably end up in debt to pay that last obscene tax.

Long Live Dorothy English
For some time I have suspected that my government is turning communo-fascism. I hope Miss English out live them all!!!!!!!!

Long Live Dorothy English
Apparently WE THE PEOPLE are not tired of out of control government. This is just a tip of the iceberg. The people that are paying the bills need to get ready and fight tooth and nail. I believe this country is headed toward a revolution. This seems the only way to stop a senseless group of people that has a strangle hold in all areas of government. Government should work to have its citizens free not to be its slave. Please GOD, help us.

What can be done?

Jack,

In CA we pushed for Prop 13 some years back and have been fighting to hold the line ever since with some degree of success. Give it a try in your neck of the woods.

Ed

Property rights forgotten
“It is not the right of property which is protected, but the right to property.  Property, per se, has no rights; but the individual has three great rights, equally sacred from arbitrary interference: the right to his life, the right to his liberty, and the right to his property.  These three rights are so bound together as to be essentially one right.  To give a man his life but deny him his liberty, is to take from him all that makes his life worth living.  To give him his liberty but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave.”
-- Justice George Sutherland

Long Live Dorothy!
I am disgusted at the plight of Dorothy English and what the government has done to her. May she live longer than the cowards who are trying to break her. And may we all see a return to the freedom that all too many are willing to give away.

Merry Christmas, Dorothy.

solution needed

The plight of Dorothy English is truly disgusting. It's my observation is that Orwell had it right only he had the date wrong. Not only is BIG BROTHER watching he has us on a leash. Like it or not, the big lie is government is here to serve us, the fact is we are here to serve government.

The property tax issue is a good example. In the 22 years in my current residence the surrounding properties have increased in value by about three times. The property tax has increase by four times and the population increased by about three times. There are no new tax supported services provided but the number of county employees have more than doubled.

The real question is what can be done to reverse the trend? I hope someone smarter than I has the answer

ONE MORE THING...
I didn't mention one thing...if you truly own the land you pay *zero* property tax. None!

And, oh yes...our country's founder's believed in the right to keep and bear arms. And this was not just for duck hunting either. It was for a number of things, but mainly to protect our private property from morauders, both in and out of government.

Again, no licenses, no permits, and none of the 20,000 federal gun laws and no telling how many state and local gun laws, every one of which is unconstitutional.

Were we not almost disarmed, they would stay in line. This is what the founders had in mind.

PROOF POSITIVE WE ARE NOT FREE
This is absolute proof that this is not a free country any more. In a free country, if you own land, you decide what is done with it.

Absolutely decide. The left will tell you that you can't pollute. Well, you can as long as the pollution does not encroach on someone else's land without their consent. So even under freedom there would be *some* limits.

But as long as one does not infringe on someone else's rights, one should be able to do as one pleases. No licenses. No permits. No regulations. The owner is totally free and *responsible.*

Without this right, there is no freedom at all. If you don't control the land you don't own it. If the state is the decider, then the state is the ultimate owner. There are no other rights such as freedom of speech and press, and assembly. For if you don't own the land you have to plead with the state for permission to print on the land, or hold meetings on it.

If someone wants to open a business one has to plead (and pay big bucks) for permitting and licensing. The state can deny these for any reason or no reason at all. If one wants their home there, one must plead and pay for a building permit and comply with zoning and other regs. Again, these can be denied.

If they don't like you, possibly because, like Ms. English, you are a dissident who speaks up, they will make things very difficult. Too often people give up, shut up and obey because they absolutely cannot fight and keep the kids fed, and I can understand that, but usually they do it because they decide it just isn't worth it.

This is why the government at all levels has gotten away with this stuff.

The generations who understand freedom have long since passed. Ms. English, bless her heart, is latter day.

I hope she lives long and prospers, not just so she is around to win, but for her own sake.

Aunt B, I am going to check out your site. Thank you.

Meanwhile, maybe you can check out the Libertarian Party at LP.org.

Aunt B that is a POWERFUL website!
I knew this stuff was happening, but to SEE it laid out was amazing (and scarier than visions of h*ll!)
And on top of all this is the knowledge that a lot of our land will be "overseen" by the UN and foreign corporations! Just as they are selling our highways, because it is 'too expensive' for us to maintain them!
But GO THERE, SEE THIS!

And pray that Dorothy English lives longer than all the anti-American officials and environmentalist wackos that are doing this.

Aunt B
Couple years ago here in Florida, a shooting buddy ran into 100 acres of virgin Florida forest, live oaks with trunks 7 feet in diameter, cabbage palms, pre-historic really. The property also included 20 acres of rough pasture. When i got out of the jeep to look the property over, my friend took a twelve gauge out of the back. What's that for i asked? Rattlesnakes and scrub jays, he replied. I knew what he meant. Even though he didn't own the land, he didn't want to take the chance that a scrub jay would be seen on it. Scrub jays are endangered. If a scrub jay is reported on your land, it becomes scrub jay habitat and can not be developed. This drops the value to maybe 1/20. The unintended consequence of this ill-considered infringement of property rights is that scrub jays are routinely shot by landowners. If psuedo-conservationists eally want to protect wildlife, they would see that property owners that protect wildlife are rewarded, not punished. In Nebraska where pheasant hunting is a money-making resource, Farmers are paid(memory, not sure now) to leave strips of grain unharvested along fence rows to provide cover and food for pheasants. Non-resident pheasant hunters bring in enough moey to more than repay the state. This is the type of win-win conservatism that works.

Infuriating and scary…
but, it’s happening all over the place. Take a look and weep:
http://takingliberty.us/TLHome.html#

Merry Christmas.

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