Land-Use Reform And Risk
By Paul M. Weyrich
June 13, 2008
Page 2 of 2
Even when the easements are kept in the land trust there often are varying interpretations as to what is permitted. The Property Rights Foundation cites the example of a farmer who purchased a 42-acre farm in Chester County, Pennsylvania. He wanted to build a home to house three generations. He didn't know that the easement under which the farm land had been placed thirty years earlier did not permit the building of a house. The matter was litigated. The trial judge ruled that building a farm house was not inconsistent with the restrictions only to farm on the property. The case went to the Pennsylvania Supreme Court. The construction of the house continued as did the litigation. The house ultimately was bulldozed and with it the dreams of three generations of farmers and 15 years of savings.
The only way this situation can be reversed is for Congress to hold hearings to bring these practices to the light of day. If an adequate case could be made perhaps the law could be amended. The problem is getting the hearings in the first place. If there is a Truluck among the myriad of conservative and property-rights organizations perhaps enough opposition could be generated that something would be done. Or have we become so accustomed to giving our property rights away that what was possible 35 years ago can't be done today.
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Paul M. Weyrich is Chairman and CEO of the Free Congress Foundation.
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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA. >> Back -- Page 1 2
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