The Audacity of Illegal Land Confiscation


ald3The more I look, the more I see, the more I read, the more I learn, the more I lament the sorry state of American freedoms.

Not at a snail’s pace, walking trails called greenways are now taking private property at breakneck speed. Thousands of acres of land are being taken out of the hands of private property owners every day in this country for the ubiquitous, albeit unfounded, idea that Americans need more nature walks to traverse.

This story is an example of a Tennessee home owner’s land is threatened by greenway:

RUTHERFORD COUNTY, Tenn. – One man’s home he built himself nearly 30 years ago is in jeopardy. It’s not due to neglect or financial issues, but to make way for a greenway.

In 27 years, David McCurry said he turned what was a junk yard into his family’s paradise.

Recent plans of a greenway coming through his nearly five acres of land, leaves him wondering what will happen to his peaceful paradise just outside the city limits of Murfreesboro.

Here is another example:

Annette and Marvin Bartlett were not happy when they learned Farragut plans to build a greenway through the seven-acre property family members have lived on for almost 50 years.

“They cut down mature trees, pave a path like an airstrip right through your front yard and call it a greenway,” Annette Bartlett said.

After talking with an alderman about their concerns, however, they learned a greenway is just the beginning.

The town’s decision to locate the path on their property was based on expectations that some day, the land will be subdivided and developed.

I point these out because it is becoming all too common. The city council where I live has adopted the anti-private property rights initiative of establishing greenways. The council has come at this from no less than three directions…maybe four. The first was signing an agreement with something called the “Carolina Thread Trail.” The second was adopting a “Vision Plan” that specifically identifies the addition of greenways as a goal of the city. The third is coordination with the transportation committee called the MPO (Municipal Planning Organization), which is proposing to divert transportation money away from roads and into the building of…you guessed it…greenways. The fourth is attachment to something called a Regional Government. In our case it is called the Centralina Council of Governments whose stated goal is to implement Smart Growth. Smart Growth proposes greenways and open spaces to be part of any planning goals.

Let’s say you rescind one or two of those agreements, you are still stuck with the others. One way or another, greenways will be put in place usurping the private property rights of many to serve the few, using our tax system by purchase or by incentives or by eminent domain to take land from those who have worked to own it and paid property taxes for the privilege. If they can’t get you through the utopian goals of the “Vision Plan,” they’ll come at you through the transportation planning department. If they can’t get you there, they will refuse grants from the Regional Government. And if they can’t get you on that one, they’ll sue you for not implementing your agreement with the Thread Trail.

So, what is a citizen to do? Our local tea party is looking for council members who will rescind all agreements with Trails orgs. and who will rescind the Vision Plan. We are looking for council members who will stand up to the MPO and tell them our transportation money is not to be used for greenways and bike trails except in areas that are already owned by government. We are looking for council members who are familiar with the Constitutional rights to own private property and who define property rights as a top priority for our local government.

Who wants to live in a place where the government can step in for the sake of a walking trail to take your property? The audacity of government officials who would define the common good as an excuse for taking private property for a walking trail is beyond reprehensible. And I would note that these greenways never cross the private property of city council members, county commissioners, or the select few who are chosen to sit on the ridiculous “stakeholder” councils. The audacity is stinking to high heaven. Yes, that heaven where our rights are derived.

Who are the citizens who think it is their right to traipse across someone’s private property? Those who think this, for their mistaken idea of some altruistic sake of commiserating with nature, should be candidates for trespassing fines and arrest. Instead, we have councils promoting obsequious cooperation from all around them to literally slap private property owners in the face. Other property owners…not themselves, of course.

Not satisfied with just greenway land, audacity leapt bounds even further in this Oregon law where government can and will take Scenic easements. Scenic easements are also called Viewsheds. In other words, they want views and scenery to surround their greenways and trails. So if your land just happens to be within viewing distance, your house or structures might offend the utopian connoisseurs of nature. We can’t have that, now can we? The word “viewsheds” can be found in our local plans as well.

Here is an excerpt from this law:

(1) Except as otherwise provided in subsection (2) of this section, after the date of the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322 (Submission of plan to Land Conservation and Development Commission), the State Parks and Recreation Department may acquire scenic easements in any lands described in such plan or segment pursuant to ORS 390.318 (Preparation of development and management plan). Each such easement may be acquired by any means, including but not limited to the exercise of the power of eminent domain.

Audacity of illegal land confiscation: It seems to be contagious.





  • Nanarose

    This just goes along with the plan to do away with cars. The government and the “tree hugging, green people” want us all to ride bikes, walk or use “public” transportation. Another freedom trampled on, another big brother, big government idea.

  • Karen Bracken

    You all need to be looking at yourself. The existing status quo will sell you and your land up the river. So get up and run for office and throw those spineless morons out on their ear. IF YOU WANT TO FIX THE SYSTEM YOU MUST BECOME THE SYSTEM. Good luck. This advice goes for all cities everywhere!!!

  • reggiec

    Besides local land grabs and egregious regulation; both the Forest Service under the Department of Agriculture and The Bureau of Land Management under the Department of Interior have caused serious financial problems for land owners. They both require “grants of right of way” for land owners who need access across federal lands to reach their property. The problem is that many financial organizations do not trust government agencies to keep those roads open because of the past actions of both the BLM and Forest Service. Why would a financial institution take the risk of making a loan if in the future the government could close the only access to a property and make the property basically worthless?
    These “right of way grants” result in the denial of financing, limit the ability to refinance, limit the number of buyers who might be interested in a property and decrease land value. These “Right of Way” roads must be open to all members of the public for free but the land owner must pay “administrative fees” to use the same road that he maintains at his own cost.
    I was turned down for refinancing by multiple financial institutions because I have a BLM right of way as the only access to my property.
    I believe that the ultimate goal of these government agencies is to drive property owners in this situation off their land through financial hardship.

  • ARMYOF69

    The crushing hand of government at work. We need another war against tyranny.

  • MI Patriot

    Another thing to watch out for along with these kind of land grabs and Agenda 21 things is your local Land Bank. Where I live the county can buy up foreclosed houses, etc BEFORE the state or local gov’t can get them at a tax sale and make any money on them. Our local land bank has a few real estate agents sitting on it. They took a house that had been foreclosed on and listed it with one of the agents on the landbank and it’s now up for sale for $170K. That’s AFTER the land bank decided the properaty was “blighted.”
    Land banks are another way for your county gov’t to get their hands on what you have without going through all the eminent domain hassle. They simply steal the houses before the tax sale, call them blighted, sell the house/property “as is” and put the money into the land bank treasury. Gov’t robbery on a local level.

  • http://www.facebook.com/profile.php?id=100003457282985 Mike Slaney

    The price of Liberal Politics, maybe Oregonians will wise up and fight city hall as a community. They can win but must be unified! The government wins because we let them, nothing more worse than a nest of angry hornets going after the farmer, than two nests!
    full wing span boys and stingers drawn, go!

  • R.Young

    Just when are citizens going to wake up and realize that they do not “own” anything that they are the custodians of all government owned property!

  • joeee

    Agenda 21 alright, first a nature trail then they link them together and expand their territory.
    pretty soon sports will be eliminated , why? because it creates aggression. Remember bush saying a kinder gentler nation. theses people are wicked. then the plan to limit population to 500 million.

  • Bob Marshall

    The U.S. government took the southwest from the Mexicans, the land from the native Americans, Hawaii from the Hawaiians and the Philippines from the Filipinos. our government has a history for taking land when they want it. Now, it is happening in America to Americans.

  • http://twitter.com/Tenna0 Tina Boyd Newman

    Not to be hatefull, But if Americans look back to the Past of this Country they will see and learn that the things that are happening now have happened before. We did not Learn , We did not Listen and we did not Remember. I am a First Peoples(native american) Tribal Member of the Tonawanda Band of Senecas. I remember because it is my History, Schools do not teach it ,Parents have no time and America would rather forget its Past Mistakes and Horrors. The land was stolen this is where Eminant Domain came from, No laws back then but this Law was the only way Gov could take with Reason when it was made law, Forced English, Forced Christianity,Forced to forget our Native tounge,Way of life. Do we not Realize as a Free Nation that if we do not learn from the Past it will happen again? I dont hate or have bad feelings for America or ‘Whites’. The past is the past Wake up America. If we can’t learn from the Past then how do we go on to a better Future? Dont let what happened too So many,( in other places of the world too) Happen Again

  • ricbldwn

    When they wanted to complete 100 yards of a trail here in Corrupticut,they needed $8,000,000.

  • nomohoc

    How can we the people put a stop to this government takeover?

  • Winghunter

    “The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If ‘Thou shalt not covet” and ‘Thou shalt not steal’ were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free.” – John Adams