Discussion List—May 3, 2012

If I wanted America to fail
http://www.youtube.com/watch?v=CZ-4gnNz0vc (4.5 min video)

  1. Released April 20th, but has nearly 2 million views already.
  2. Exposes selling guilt over, energy, global warming/climate change.
  3. Attacks on property rights, through environmental regulations.

United Breaks Guitars
http://www.youtube.com/watch?v=5YGc4zOqozo (4.5 min video)
http://www.davecarrollmusic.com/book/

  1. In 2008 Dave Carroll's guitar was broken by United Airlines baggage handlers. He spent 8 months trying to get United to fix the guitar or compensate him for the damage.
  2. In 2009 he released the YouTube video United Breaks Guitars -- it "went viral" getting about 1 million views in the first 4 days.
  3. The Times reported that within 4 days of the video being posted online, United Airline's stock price fell 10%, costing stockholders about $180 million in value.
  4. Taylor Guitars offered Dave 2 complimentary guitars, so it was then too late for United to make good. United finally made a donation of $3000 to a non-profit, but it failed to restore their image.
  5. Dave Carroll has since become a speaker for Customer Service. He even has a book "United Breaks Guitars"
  6. On one of his trips as a speaker, United Airlines lost his luggage...
  7. We are going to try using some lessons-learned from Dave Carroll for creating videos to support property rights.

City of SeaTac Tree Retention Video
http://www.youtube.com/watch?v=y01G7HehPBs (3.25 min video)

  1. Video helped citizens to overturn a bad regulation.

Defense of Environment and Property Act of 2012 (Senator Rand Paul)
http://paul.senate.gov/?p=defense_of_environment_and_property_act_of_2012
http://www.randpacusa.com/propertyt.aspx?pid=0430t
http://www.washingtontimes.com/news/2011/aug/31/epa-regulations-violate-constitutional-rights/

  1. Intended to restore common sense to federal jurisdiction over navigable waters, and place reasonable limitations on an agency that has become dangerously out of control.
  2. Several organizations have endorsed this Act.
  3. (Should CAPR?)

Wendell Cox--Region's transportation and land-use policies have little effect on traffic congestion
http://seattletimes.nwsource.com/avantgo/2018116500.html

  1. This article was in yesterday's Seattle Times.
  2. More evidence of the need to repeal the GMA.

King County Wetland Sign
http://www.proprights.org/KING/images/Wetlands.JPG

  1. Sign photographed in Kent Washington.
  2. Was this a "Wetland" before or after they added the sprinkler?

Subsurface Hydrology Presentation
http://www.proprights.org/KING/docs/May-3-2012_CAPR_Meeting_Presentation.pdf


Discussion List—April 5, 2012

2012 King County Comprehensive Plan Hearing--Fall City, 03/22/2012
http://king.granicus.com/MediaPlayer.php?view_id=4&clip_id=3440 (50 min video)

San Juan County regulations are not friendly towards small organic farmer
http://www.youtube.com/watch?v=iYxrLNaffEg (10.5 min video)

  • Incorrect wetland and stream designation.
  • The "Friends of San Juan" repeatedly trespassed on Mr. Dalton's property to photograph his activities and turn him into County officials.
  • Power of video for communications.

Washington State Tailors 'Social Purpose Corporation' to Sustainable Business
http://www.businessweek.com/articles/2012-03-16/washington-state-tailors-social-purpose-corporation-to-sustainable-business

  • Combines social missions with making money.
  • Requires two-thirds of shareholders to approve.
  • Add statement to articles of incorporation that mission "may be contrary to maximizing profits.
  • Pursue missions beyond profit without inviting lawsuits from shareholders.

Seattle Energy Benchmarking and Reporting Program
http://www.youtube.com/watch?v=A2mMBuSoPvo (1.5 min video)

  • Seattle requiring landlords to track and report energy usage.

Fourth Amendment to the United States Constitution
http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

  • guards against unreasonable searches and seizures.

Mapp v. Ohio (1961)
http://en.wikipedia.org/wiki/Mapp_v._Ohio

  • A landmark decision of SCOTUS that evidence obtained in violation of the Fourth Amendment, may not be used in criminal prosecutions in state courts, as well as federal courts.

Katz v. United States (1967)
http://en.wikipedia.org/wiki/Katz_v._United_States

  • Addressed the nature of the "right to privacy" and the legal definition of a "search."
  • Adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial intrusion with technology as a search.
  • Also extended Fourth Amendment protection to a "reasonable expectation of privacy".

United States v. Antoine Jones (2012)
http://en.wikipedia.org/wiki/United_States_v._Antoine_Jones

  • SCOTUS ruled that a search for Fourth Amendment purposes also occurs when law enforcement trespasses on a person's property for information gathering purposes, even if that person had no reasonable expectation of privacy.

Discussion List—March 1, 2012

John Stossel -- Illegal Everything
http://www.foxbusiness.com/on-air/stossel/index.html
http://www.foxbusiness.com/on-air/stossel/blog/2012/02/24/tonights-...

  1. A family in Idaho can't build a home on their land because the EPA says it's a wetland--but it only resembles a wetland because a government drain malfunctioned and flooded it.

Mazama Pocket Gopher
http://wdfw.wa.gov/publications/00390/
http://www.theolympian.com/2011/04/23/v-print/1626486/thurston-county-restricting-rights.html
http://www.theolympian.com/2010/03/04/1159879/state-targets-landowners-gopher.html#ixzz0pF3j5xzo
http://www.myfreedomfoundation.com/index.php/site/PrintView/pocket_gopher_not_imperiled
http://www.theolympian.com/2012/01/11/1944170/pocket-gopher-decision-must-be.html
http://www.theolympian.com/2011/12/06/1903907/study-gophers-may-not-need-federal.html
http://agr.mt.gov/weedpest/pdf/vertbulletins/pocketgopher.pdf

  1. In 2002 the Mazama pocket gopher became a candidate for ESA listing.
  2. I know of at least one citizen who now has 4 misdemeanors on his record and spent about to $8,000 in legal fees and fines because he trapped and killed one (possibly two) gophers on his property. (He was also forced to sell his property as part of a plea-bargain, which was reneged upon after the property sold.)
  3. In late 2011 a scientific study was conducted, which found far more gophers and much more habitat than was previously recognized. The scientist said the more she lookd the more gophers she found... nearly everywhere. They existed in habitat previously unknown for that species.
  4. The scientist concluded that key assumptions made by the U.S. Fish and Wildlife Service in launching the federal listing process, were not accurate.
  5. Ironically, for 30 years the U.S. Department of Agriculture regarded the Pocket Gopher as a pest, which increasingly jeopardized various crops and forest land. With fewer natural predators, they determined there was little that humans could do to keep the population from expanding. They recommended poisoning as the most effective means to hold the population stable.

HR 1433--Private Property Rights Protection Act of 2012
http://www.gpo.gov/fdsys/pkg/BILLS-112hr1433rh/pdf/BILLS-112hr1433rh.pdf

  1. Passed House of Representatives by a voice vote on Tuesday.
  2. If passed in Senate also, would suspend Federal economic development funds for a period of two fiscal years to any state that takes property through eminent domain for a private purpose. It will also allow private property owners legal recourse to fight private property takings by state and local governments that are used for private purposes.
  3. As a result of the Supreme Court's 2005 ruling in Kelo v. City of New London, the government's power of eminent domain has become almost limitless, providing victimized citizens with few means to protect their property...
  4. Several states have independently passed legislation to limit their power to eminent domain, and the Supreme Courts of Illinois, Michigan, and Ohio have barred the practice under their state constitutions.
  5. Washington State has failed to pass meaningful eminent domain reform.
  6. Since 2007, Washington requires the condemning authority in Washington to provide notice by certified mail at least 15 days prior to the public meeting at which a final decision on condemnation will be made.
  7. HR 1433 will provide American citizens in every state with the means to protect their private property from exceedingly unsubstantiated claims of eminent domain...
  8. Many states have already acted, Congress must play a pivotal role in reforming the use and abuse of eminent domain.

Farm Bureau Campaign Management Seminar
http://www.wsfb.com/Campaign+School+2012

  1. Lacey April 5-6 2012
  2. Limited to three people per campaign
  3. Candidate--WFB Member $150, Non-member $200
  4. Campaign Manager--WFB Member $150, Non-member $200
  5. Third Volunteer--WFB Member $100, Non-member $150

Discussion List—Febuary 2, 2012

The Independent Campaign for Protection from Unlicensed Geological Practice
http://www.change.org/petitions/the-independent-campaign-for-protection-from-unlicensed-geological-practice

  1. Currently has 320 signatures... goal is 1000

UN has a "new blueprint" to chart a more sustainable future
http://www.un.org/apps/news/story.asp?NewsID=41077

  1. 30 January 2012 -Secretary-General Ban Ki-moon today called for action on a new blueprint for creating a sustainable planet, a just society and a growing economy, stressing that the current path will not lead to a fair and resilient future for the world's people.
  2. Speaking in Addis Ababa, Ethiopia, at the launch of report by his High-Level Panel on Global Sustainability.

Driverless Vehicles
http://www.ted.com/talks/bill_ford_a_future_beyond_traffic_gridlock.html (16.5 min video)
http://en.wikipedia.org/wiki/Vehicular_communication_systems
http://www.ted.com/talks/sebastian_thrun_google_s_driverless_car.html (4.25 min video)
http://en.wikipedia.org/wiki/Google_driverless_car
http://www.youtube.com/watch?v=0yNPAVNlHbU (10.5 min video)

  1. http://www.ted.com/talks/bill_ford_a_future_beyond_traffic_gridlock.html (16.5 min video)
  2. http://en.wikipedia.org/wiki/Vehicular_communication_systems
  3. http://www.ted.com/talks/sebastian_thrun_google_s_driverless_car.html (4.25 min video)
  4. http://en.wikipedia.org/wiki/Google_driverless_car
  5. http://www.youtube.com/watch?v=0yNPAVNlHbU (10.5 min video)
  6. Car companies are beginning to think of themselves as being in the "transportation services" business.
  7. Driverless vehicle projects are underway at Ford, Toyota, BMW, General Motors, Volkswagen, and Google.
  8. Key technologies include GPS, Cameras, lasers, radar, and vehicle-to-vehicle (V2V) communication systems.
  9. The National Highway Traffic Safety Administration (NHTSA) plans to make a decision by 2013 regarding a standard for V2V communication.
  10. V2V communication is currently in development by General Motors, BMW, Daimler, Honda, Mercedes and Volvo.
  11. Motivation for Driverless Vehicles includes greater mobility, fuel economy, safety, and convenience.
  12. New fast processors allow cars to react quickly.
  13. Current features include cruise control with sensors to maintain a safe distance behind other vehicles and automatic parallel parking.
  14. Future features will include V2V communication, advance parking space reservation (less time spent looking for parking), and true driverless control of vehicles.
  15. Benefits will be much faster commutes, coordinated rerouting to reduce traffic, less need for parking, and little or no need to expand freeway infrastructure (because of shorter "head space" between vehicles), and greater mobility for the young, aged, and infirm.
  16. Thilo Koslowski, with Gartner says, "In 10 years you will see the first kind of autonomous vehicles" on regular streets.

Innovation Forecasting

  1. Tax-payers will be paying for 50 years or more for costly projects, like Light Rail and Brightwater (sewage treatment facility).
  2. These projects are based on assumptions about economics, which are untrue, yet result in compromising individual property rights.
  3. Meanwhile, new technologies will make these systems totally obsolete.
  4. People need to insist that their leaders investigate the potential for future innovations, before committing to lengthy and costly projects.

Events
http://www.proprights.org/
http://nwfreedomfest.org/

  1. CAPR Banquet and Workshops--March 10, 2012, Tukwila Doubletree Hotel
  2. Northwest Freedom Fest--Saturday, Feb. 11, 2012, Hansen Conference Center, Everett--Dr. Thomas Woods and Dr. Chuck Baldwin

Discussion List—January 5, 2012

California Supreme Court Upholds Law Abolishing Redevelopment Agencies
http://castlecoalition.org/about/3533
http://castlecoalition.org/images/publications/californiaschemingfinal.pdf

  1. Press Release from the Institute for Justice
  2. California redevelopment agencies have been some of the worst abusers of eminent domain for decades, violating the private property rights of tens of thousands of home, business, church and farm owners.
  3. As part of the state's response to its fiscal emergency and to stop this drain on the state's resources, the legislature passed, and Governor Jerry Brown signed, two laws: Assembly Bill 1X 26, which dissolves redevelopment agencies, and Assembly Bill 1X 27, which exempted agencies that agreed to make payments into funds benefiting the state's schools and special districts.
  4. The California Redevelopment Association and the League of California Cities, among others, challenged both laws, arguing that they violated the California Constitution.
  5. The court concluded that the Legislature has both the power to create such agencies and to dissolve those same entities when the Legislature deems it necessary and proper.

Battle for Brooklyn
http://battleforbrooklyn.com/ (Battle for Brooklyn web site)
http://vimeo.com/30026732 (5 minute John Stossel video)

  1. New York State took 22 acres of private property by eminent domain on behalf of a developer.
  2. The developer wanted to build a ball stadium and 16 sky scrapers.
  3. The developer promoted the idea as a way to bring the New Jersey Nets to Brooklyn.

Bulldozing Free Speech--Eminent Domain Abuse
http://www.ij.org/index.php?option=com_content&task=view&id=2519&Itemid=207
http://www.amazon.com/gp/product/1594031932/ref=ox_sc_act_title_1--Bulldozed by Carla T. Main

  1. A Dallas developer has launched a lawsuit spree to silence anyone who dares shine a spotlight on his abuse of eminent domain.
  2. The city of Freeport, Texas is attempting to force out a generations-old family shrimp and marine supply business to make way for a luxury marina development that was to be owned and operated by a private development company.
  3. When the eminent domain victims complained the developer sued them for defamation.
  4. When investigative journalist, Carla T. Main, wrote the book Bulldozed to expose the project, he sued her, as well as her publisher (Encounter Books), for defamation.
  5. He also sued a prominent law professor (Richard Epstein) who wrote a blurb for the book's dust jacket.
  6. When someone reviewed the book, he sued him.
  7. When a newspaper published that review, he sued the newspaper.
  8. The Institute for Justice, Texas Chapter, is representing Main, Epstein and Encounter Books in their defense against the developer's lawsuit.
  9. Three other cases are listed on IJ's web site, which employ harassing lawsuits and legal bullying tactics to silence people who speak out against eminent domain abuse for private benefit.
  10. Political speech is fully protected under the First Amendment. Eminent domain abuse is an issue of public concern, and those who participate in public projects open themselves up to public scrutiny and criticism. By defeating this obnoxious lawsuit, the Institute for Justice will vindicate the right to free and open debate on issues of public importance generally and eminent domain in particular.

Takings--Epstein and Biden
http://reason.com/archives/1995/04/01/takings-exception/singlepage

  1. His well-known book Takings: Private Property and the Power of Eminent Domain is a powerful contribution to the theory of limited state powers.
  2. "I took some pride in the fact that [Sen.] Joe Biden (D-Del.) held a copy of Takings up to a hapless Clarence Thomas back in 1991 and said that anyone who believes what's in this book is certifiably unqualified to sit in on the Supreme Court. That's a compliment of sorts," says Epstein.

Fate of the Signers of the Declaration of Independence
http://www.archives.gov/exhibits/charters/declaration_transcript.html
http://www.constitution.org/bio/fate_of_signers.htm
http://www.snopes.com/history/american/pricepaid.asp

  1. "And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."
  2. The "Fate of the Signers" is often published and cited, but its accuracy is doubtful.
  3. Snopes investigated this account and concluded it is a "Mixture Of True And False Information."
  4. The signers of the Declaration of Independence took a huge risk in daring to put their names on a document that repudiated their government, and they had every reason to believe at the time that they might well be hanged for having done so. That was a courageous act...

Declaration of Independence
http://www.archives.gov/exhibits/charters/declaration_transcript.html

  1. The Declaration of Independence lists 26 facts, which motivated the colonies to declare independence. Among these are the following. (Do they sound familiar?)
  2. "He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."
  3. "... imposing Taxes on us without our Consent."
  4. "... depriving us in many cases, of the benefits of Trial by Jury"

    More CAPR Support Needed

  1. Some CAPR leaders are suffering from "volunteer burnout"
  2. If CAPR is going to continue to grow we need more active participation.
  3. If you haven't made any New Year Resolutions yet, here is an opportunity.
  4. Please fill out the 2012 Resource Inventory-Skills/Talents and Interests
  5. Check the Involve Me box if you can help, or the Inform Me box is you merely want to keep informed of a particular topic or issue.
  6. On the back is the list of King County Chapter Officers

Ben Kuehmichel: Billboard rules infringe on property rights

I agree that billboards often are an eyesore. Yet limiting or preventing billboards is an assault on the owner’s property rights.

Since when does “harming the beauty of the region” trump a landowne

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Constantine reform of DDES: fixed fees rather than hourly rates and new customer service unit for ru

No hourly rate increase as envisioned in most recent budget

More property owners will have the certainty of knowing their permit fees up front, and rural property owners will be the focus of a new

...more

Rural property owners win one

Almost four years ago, urban area members of the King County Council launched an outrageous assault on property owners in the unincorporated areas of rural King County.

Over opposition from some o

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Misguided land-use regulations push middle class out of King County

Does it surprise you to know that the middle class is getting squeezed out of King County? Probably not. Latest figures from the King County Annual Growth Report show the middle class dwindling to 45.

...more

County code enforcement riles owners of businesses

Battling cancer for the third time, a dying John Hokenson fought King County's orders to close his home business.

Citing a code violation, the county told Hokenson that his RV-storage business, wh

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Permitting process is altered

The Metropolitan King County Council voted on Monday to give the hearing examiner authority to hear complaints about fees charged for processing land-use and building permits.

...more

UW study: Rules add $200,000 to Seattle house price

Backed by studies showing that middle-class Seattle residents can no longer afford the city's middle-class homes, consensus is growing that prices are too darned high.

...more