PRIVATE PROPERTY RIGHTS: FOUNDATION OF FREEDOM

Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place. --Frederic Bastiat

See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime. --Frederic Bastiat

SOCIALISTS STATED:

In 1932 William Z. Foster, then National Chairman of the Communist Party, USA, restated point one of the Communist Manifesto; The abolition of private property. Then in terms specifically applicable to the U.S., Foster said, The establishment of an American Soviet government will involve the confiscation of large landed estates in town and country, and also, the whole body of forests, mineral deposits, lakes, rivers.... USA Communist Party Chief Gus Hall stated, ...The battle will be lost, not when freedom of speech is finally taken away, but when Americans become so 'adjusted or conditioned' to getting along with the 'group' that when they finally see the threat, they say, 'I can't afford to be controversial'.

This state of mind, which subordinates the interests of the ego to the conservation of the community, is really the first premise for every truly human culture....By this we understand only the individual's capacity to make sacrifices for the community, for his fellow men. -- Adolf Hitler -- Oct. 7, 1933

AYN RAND STATED:

The man who speaks to you of sacrifice, speaks of slaves and masters. And intends to be the master.

PROPERTY RIGHTS: The right to life is the source of all rights--and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has no right to the product of his effort has no means to sustain his life. The man who produces while others dispose of his product, is a slave.

Only a ghost can exist without material property; only a slave can work with no right to the product of his effort. The doctrine that human rights are superior to property rights simply means that some human beings have the right to make property out of others; since the competent have nothing to gain from the incompetent, it means the right of the incompetent to own their betters and to use them as productive cattle. Whoever regards this as human and right, has no right to the title of human.

If some men are entitled by right to the products of the work of others, it means that those others are deprived of rights and condemned to slave labor.

Any alleged right of one man, which necessitates the violation of the rights of another, is not and cannot be a right.

No man can have a right to impose an unchosen obligation, an unrewarded duty or an involuntary servitude on another man. There can be no such thing as the right to enslave.

PROMOTION OF 43 U.S.C. § 912 FOR TRAIL TRANSPORTATION CORRIDORS

43 U.S.C. Section 912 text

Rails To Trails Conservancy states 43 U.S.C. § 912 impacts 3.6 million acres

FEDERAL CIRCUIT COURT OF APPEALS CRIMPS
TRAILS FORCED THROUGH PRIVATE PROPERTY

Robert Hash, Gerlene Hash, William Don Lakey and Nancy Hawkins vs. United States April 4, 2005 Number 03-1395

SNOWMOBILE TRAIL DOES NOT CONSTITUTE HIGHWAY

Green Bay & Western W. R. Co. v. Wis. Transp. Comm., 123 Wis.2d 147 365 (1985)

RAILROAD RIGHT OF WAY, CONDEMNATION, ADVERSE POSSESSION REVERT

Pollnow v. Department of Natural Resources, 88 Wis.2d 350 (1979)

U.S. COURT OF APPEALS OVERTURNS RAILBANKING IN VERMONT

Preseault v. United States and State of Vermont case # 93-5067 (1996)

BUREAU OF LAND MANAGEMENT INFORMATION RELEASES:

12/6/00 BLM states no Federal claims outside of specifically granted land

11/17/00 BLM states no Federal Grades found in Wisconsin

11/14/00 BLM states even numbered sections not under consideration

PROPERTY INFORMATION

U.S. Supreme Court elevates the rights of property owners

Crime on trails

What to do about rails-to-trails

Hoard's Dairyman covers Nels Ackerson and railroad grades

Landowners get paid for railbanking of their property

Landowners win $40,000 per mile for fiber optic cable + profit cut

Judge expands scope of right-of-way lawsuit against AT&T

$45,000 per mile AT&T fiber optic cable settlement

4/17/00 Illinois railroad under rail-trail proponent assault

20 year study of relationship between trails and property values

RELATED LINK WITHIN THIS WEBSITE:

GOVERNMENT ASSAULTS AGAINST LAND OWNERS

Michigan DNR confronts landowner with guns and bulldozer

RAPTOR STAFF ARTICLE

There is a concerted effort in Madison, Wisconsin, to legally designate railroad grades as motorized recreational trail highways. Why? Because Corporate interests believe that creating more motorized railroad grade based trails will draw additional tourists to the Northwoods to spend money in taverns and casinos. Thousands of miles of private property based Northwoods recreational trails will suddenly become highways, groomed no longer by private volunteers, but instead at the taxpayers' expense. Highway property seizure and funding provisions in state and federal laws will be applied toward expanding an already massive Northwoods motorized trail system.

This motorized tourism will occur at the expense of human health and private property rights. ATV's operated on converted railroad grades kick enormous clouds of dust into the air. This dust is harzardous to both ATV operators and impacted private property owners. These dust clouds contain materials dislodged from the trails. Not only does this dust contain hydrocarbons, but also blastomychosis, aspergillosis, and other fungal spores. These fungal spores are harmless until released into the air and inhaled by humans. Severe lung infection results. Humans must be treated with costly and dangerous drugs such as Itraconazole. Untreated, these fungal agents slowly consume body tissues, similar to cancer. Painful death can result from lung decay, heart attack or other organ failure.

Additionally, the old railroad grades in the Northwoods were built with crushed mine rock from local iron mines. This rock contains concentrations of iron ore and other heavy metals, such as mercury. Even trace pitchblende (uranium ore) is present on these grades, built before the hazards of uranium exposure were known. Hydrocarbons, PCBs and pesticides are also present. The grades posed little hazard when used by the trains. Oak railroad ties supported the steel rails so the trains never physically disturbed the bed material. But these railroad beds were a sleeping monster. ATV's kick up the harmful materials that had lain dormant in these old railroad grades. ATV tires pulverize these materials into dust as they churn up the beds. This unhealthy dust rises in huge, airborne plumes when whipped up by ATV tires, traveling for up to a mile before settling back to earth, or into water, coating people's homes. Human living conditions markedly decline in areas deluged by this dust.

Our government's EPA is giving considerable attention to the human health hazards from this type of dust. It is unforgivable that, with full knowledge of these hazards, our state government is planning to force these railroad grade based trail health threats upon ATVers and private property owners. Through generations, most private landowners in our region have proved themselves proud custodians of unspoiled natural wildlife habitat and environmental purity. Clean air, soil and water and the presence of rare and wild flora and fauna are cherished commodities to them. Our region's property market values depend upon these very land qualities. Qualities that attracted us to live here. Ironically, in this oddly inverted situation, it's the state and local governments seeking to impose pollutants and health hazards upon ATVers and private landowners.

LINKS TO PROPERTY RIGHTS ORGANIZATIONS:

STOPwatch of Indiana

MONON - Trail of Condemnation

Mountain States Legal Foundation

American Land Rights Association

American Property Rights Advocates

PLOW - Private Landowners Of Wisconsin

American Association of Small Property Owners

The National Association of Reversionary Property Owners (NARPO)