Property Rights At Risk – Action Needed
- Written by:
- Category: Updates
- Published: February 4, 2013
From Mike Troxel – Soil And Conservation Board Member and Lynchburg Tea Party Member:
Well friends, I’m very disappointed to say that our local delegate Delegate T Scott Garrett has voted for some awful legislation on the enrivo-tyranny front. I tried for several days to illustrate just how bad this legislation was and it’s effects. Perhaps I didn’t do a good enough job, or perhaps I was faulty in not enlisting your lobbying help earlier. Some dandies from this piece of legislation HB 2048. Certainly, some ‘misinformation’ from it’s sponsor didn’t help, however…
(originally a 92p bill, substituted in committee for a 49p bill and reported out unanimously – as if they had a chance to read it)
1. This bill realigns the SWCD’s under DEQ
2. Codifies rain water runoff (stormwater) as a non-point source pollutant (the very thing Cuccinelli just went to war with the EPA over)
3. Centralizes power with the DEQ
4. Takes control away from duly elected local governments
5. Crushes private property rights, namely:
� 62.1-44.15:60 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+62.1-44.15C60> . Right of entry.
The Department, the VESCP authority, where authorized to enforce this article, or any duly authorized agent of the Department or such VESCP authority may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article.
In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, a VESCP authority may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
In short, if you as a property owner are told to do something by one of these VESCP authorities
“Virginia Erosion and Sediment Control Program authority” or “VESCP authority” means an authority approved by the Board to operate a Virginia Erosion and Sediment Control Program. An authority may include a state entity, including the Department; a federal entity; a district, county, city, or town; or for linear projects subject to annual standards and specifications, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to � 15.2-5102 <http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+15.2-5102> .
And you don’t like it, they can just go on your property and do it whether you like it or not, and they’re protected by law and there’s not a darn thing you can do about it!
This bill still has to go to the senate, and then go through a reconciliation conference – if it passes the senate (both of our senators voted against the senate version, which unfortunately passed).
I did my best to (literally) beg Scott not to vote for this. Perhaps I’ll have to find a way to do better next time. I’m very sorry. We desperately need to fight this.
Contact your senator ask them to vote against this when it hits the senate (both of whom voted against the senate counter part).
Tom Garrett firstname.lastname@example.org
Steve Newman email@example.com
Email and ask your representative to vote against SB 1279 (senate counterpart) when it hits the house after crossover.
Ben Cline: DelBCline@house.virginia.gov
Kathy Byron: DelKByron@house.virginia.gov
Scott Garrett: DelSGarrett@house.virginia.gov
Matt Farris: DelMFariss@house.virginia.gov
Lacy Putney: DelLPutney@house.virginia.gov
It is disappointing that the so called conservatives and Republicans in the General assembly would be anywhere near supporting bills that would further erode property rights.
I’m writing to tell you to oppose any bills that would endanger my personal property rights. Specifically please vote against SB1279.
As a member of the Lynchburg Tea Party we are watching and will remember this vote come election day.
Fight for Liberty!