Viewsheds: More Government Intervention Into Private Property Rights


StudioPolar_1110The concept of “viewsheds” is a bit of a dilemma. All things being subjective in the the realm of aesthetics, your idea of a “viewshed” might be different than mine. No one wants to look at an eyesore, but your eyesore might be my gemstone, or my livelihood. I’m all for beautiful vistas and scenic enjoyment. However, I’m all for private property rights. So how does one combine those two things and come up with a coherent policy that is good for all? Common sense would prevail, or one would hope so.

The concept of “Viewsheds” is new to American jargon. Merriam Webster Dictionary defined as: “The natural environment that is visable from one or more viewing points.” It’s first known use was in 1981.

My how justification expands quickly in today’s environmentalists’ methods and ideology. The Urban Dictionary states:

“A viewshed is an area of land, water, or other environmental element that is visible to the human eye from a fixed vantage point. The term is used widely in such areas as urban planning, archaeology, and military science. In urban planning, for example, viewsheds tend to be areas of particular scenic or historic value that are deemed worthy of preservation against development or other change. Viewsheds are often spaces that are readily visible from public areas such as from public roadways, public parks or high-rise buildings. The preservation of viewsheds is frequently a goal in the designation of open space areas, green belts, and community separators.”

Isn’t that nice? From 1981 to 2011, thirty years, someone’s idea of expanding land use controls that have nothing to do with private property rights has blossomed into an entire philosophy of radical land usurpation for the sake of “Views.”

For purposes of illustration I came across a document describing the dilemma regarding Thomas Jefferson’s home, Monticello, in Charlottesville, VA. I’ve been there. I loved it. It was wonderful to see it and learn from it. But the area now has a “Comprehensive Land Use Plan.” And Monticello has a foundation to advocate for its preservation.

The view from Monticello to the east and the south overlook a vast piedmont landscape into Fluvanna County. A power plant was planned for construction in that area. This power plant involved natural gas and would connect with the national power grid. The power plant would benefit a lot of people.

“The Foundation responded that the lights and the plumes atop those smokestacks could be visible from Monticello. “Depending on the weather sometimes you can see 50 miles from the hilltop. In a rural area, eight or 10 miles is in the neighborhood.”

If I read that right, The Monticello Foundation wants to control all of the land within 50 miles of eyesight from Monticello. 50 miles of land for the purpose of scenic views. The article also refers to yet another environmental designation attaching to another new Federal idea called the Rural Historic District. RHD. The RHD means more layers of regulation of land use. Well, if you look at all of the land left in the country that is not under the control of cities, you could just put all rural land under an RHD. After all, could you not make the case that the entire country is a RHD? It was historically all rural at one point. But I digress.

We have a similar situation arising here in Gaston County. There is a State Park at Crowders Mountain, from which, once climbing to the top, you can see for miles. In fact you can see all the way to Charlotte, NC on a clear day. Now the environmentalist lobby is trying to keep development out of the line of sight from any viewing position on Crowders Mountain. How many miles should be kept out of development for the sake of the “Viewsheds?” The question of Crowders Mountain “Viewshed” is not yet settled, but the wording in “Vision” plans is clear. “Viewsheds” are to be taken into consideration and given priority over development. Check your local “Vision Plan” and you will find it so.

I guess the amazing thing to me is that once the environmentalists in America realized they could trash property rights by controlling the use of land, they then figured out they could expand that control by demanding “Viewshed” rights. There is no end in sight to their environmental fanaticism. Pun intended.

I’m not sure I have a good solution. Perhaps one should limit the distance of “view” in question. How far should “view” rights extend? If you own a residence in a “scenic” community, can you not just claim “View” rights based on the RHD and demand all other comers take a back seat to your new “government granted rights” that, by the way, are not mentioned in the U.S. Constitution? Then again, when it is truly historical, such as Monticello or Mt. Vernon, or Gettysburg, what is reasonable? Is your “view” a right?

Welcome to the new Amerika, where rights are granted by government and special interest groups, instead of the rights granted by our Creator.

Editor’s Note: This article is part three in a series. Click here to read Part 1. Click here to read Part 2.



  • http://www.facebook.com/linda.dommel Linda Dommel

    READ AGENDA 21 with Harriet Parke. Quick reading & quick glance into the New World order starting with agenda 21

  • WASP

    And, now the politweasels in some cash-strapped localities are beginning to elevate property values based on the “view” from that property. These crooks never give up. Time for Civil War II.

  • webb

    VIEWSHED,,,what a joke!! I BELIEVE WE ALL ENJOY A NICE VIEW!! Is this considered a right or a freedom or a libertiy? THis is as bad as the UNFUNDED MANDATE FOR RAINWATER,,Even GOD got a Laugh from that one! The EPA SHOULD BE ABOLISHED ALL.TOGETHER ! iF ITS NOT WATER GOING THE WRONG WAY OR DUST BLOWING ONTO ANOTHER FARM,,NOW Its a viewshed! Its time we as Americans tell Government to get out of lives and that Property is ours to tend the way we see Fit!!

  • reggiec

    God help you if you happen to have a piece of private property that has a fantastic view. The property was probably developed in the first place was because of that view. The next phaze of these viewsheds will probably be to confiscate your property because you are selfish and should not have sole access to that view. Government will determine you must let the government have the property so the view will be available to the general public that will eventually trash the property you use to own and care for.

  • joeee

    they are taxing us to control us. DONT PAY TAXES. we need a national barter system that will limit the government control.

  • mudguy1

    I guess the “View Sheds” that are provided from the Wind Mills are considered a “Scenic View”. They have added beauty to our landscape here in Iowa and in all the other states like in California driving to Palm Springs from LA the beauty so wonderful they should call it the eight wonder of the world.

    • Smeethow

      Yeah they’re a pretty sight here in WA. too. They spend a lot of time not making electricity too, because we have more efficient hydro power.

  • Public Citizen

    Using this logic then I demand the immediate cessation of all construction in this country as my “Viewshed” from Google Maps is being impaired.
    Oh, all those midwestern farmers are also going to have to cease planting wheat and corn and soybeans since the area was originally mostly buffalo grass.

  • Ron G

    My answer to the question of viewsheds and senic greenways is the same as Gen. McAuliffe gave the Germans at Bastogne. “NUTS!”

  • dntmkmecomoverther

    This is just more of the Agenda 21 Bullcrap movement. Fight it folks; it’s known by other mantras as ‘Tomorrow Plan’, ‘Sustainable communities’, etc. Any fluff BS like this needs to be shut down NOW. It’s nothing but statists ripping the Constitution to shred with marxist ideologies. STOP them in your towns while you still can.

  • http://www.facebook.com/william.benton.50 William Benton

    Nobody seems to care and are not informed. More of these fools know all about Honey Boo Boo than about the perils our nation faces

  • patriotflllc

    How about your “Viewscape” goes as far as your property line? Yes, that looks about right.

  • fredh

    Agenda 21, United Nation want to control all humans living on the face of the earth. The United States pays to keep the U.N. going especially the communist democrats. If the U.S. stop funding the U.N. it would die. Good riddens

    • Tionico

      We had a candidate for President who had pledged to get the US out of the UN if elected.. amongst other things badly needed. Oh, but HE was declared “unelectable” by the ruling elite, and the press and lemmings bought that lie. Now look what we’ve got as options…. the “viewshed” from the polls ain’t lookin so good…. nah….

  • retiredmillwright

    You never
    really own land, you just buy it to pay taxes on and have the government tell
    you what you can do on your own property. The government is being heavily influenced
    by the UN and wacko people who want to control everything they see. This interference
    with property owners gets worse every year and has gone way past reasonable restrictions
    and regulations. Maybe if we can get this country turned back around, we can
    work on restoring property owner’s freedoms too.

    • donaldduck

      if americans don’t get togeter on some of these intrusionsof gov’t, this will continuef obama wins, more liberals will be put on the Supreme court bench. well, a few are ready to retire soon.

    • TOO INFORMED

      Allodial title constitutes ownership of real property (land, buildings and fixtures) that is independent of any superior landlord. In common legal use, allodial title is used to distinguish absolute ownership of land from holding by feudal tenure which restricted alienation and burdened land with the tenurial rights of a landholder’s overlord or sovereign. True allodial title is rare with most property ownership in the common law world—in the United States, all land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the US (notably Nevada, and Texas) have provisions for considering land allodial under state law, but such land remains rare.
      Americans do not own their property, they ‘rent’ it from the state ans receive a CERTIFICATE of TITLE; not the actual title, that is held by the state as a warehouse receipt.