by Del Richardson

It is an ancient tradition of western civilization this dream of owning land. The Romans called it proprietas, meaning "ownership." European feudalism emerged in the 8th century as an intricate system of tenure and rights based on land held by vassals owned by royalty. Then on a field in England in 1215 the Magna Carta became the first legal sanction of due process and land rights.  The two ideas became inseparable. Five hundred and sixty-one years later, America traded a king for a Constitution. And in 1868 the Fourteenth Amendment guaranteed the rights to life,  liberty, and property for everyone in America. Lately it looks like government is chiseling those rights away.

Coos county crafted a nuisance ordinance that is all about land use. It’s advocates claim that it will give the county power to address recognizable nuisances and clean them up. A complaint will be followed up with an investigation. If the investigator believes there is a nuisance, a citation can
be issued. The nuisance must be abated within a certain time period or a fine of up to $600 can be assessed. If the fine isn’t paid, a lien can be placed against the property.

A nuisance can be anything deemed to be "conditions or practices which diminish property values, or are otherwise offensive, unsightly, obnoxious, annoying, or hazardous to the public health or safety." It can involve unsightly things, excessive noise, junkyards, too many vehicles, too many tires, in fact, the ordinance covers animal carcasses to blackberry bushes and a lot of
other things in between. County Commissioner Pete DeMain says that while it’s not meant to be heavy handed, "it’s going to be an aggressive thing once we get it in force."

The Board of Commissioners said that the ordinance is designed to give "owners of properties that a reasonable person would identify as nuisances an incentive to clean it up." In 1998 the Montana Supreme Court struck down Montana’s "reasonable and prudent" speed limit. "Reasonable" was too ambiguous a word for Montana and it should be here. Ambiguity creates
laws that invite more, rather than less government intrusion.

This is a significant extension of county government into the whole issue of private property rights. There will be a town hall meeting at 6:30 p.m. Wednesday, June 20 at the courthouse annex in Coquille. Commissioner Nikki Whitty said that the reason for the town hall meeting is "so that we
can have a good open public discussion." 

Be there.

America is built around the twin concepts of private property and personal freedom. If you cannot use or enjoy your property, you are not free. This ordinance puts more government in your world. It empowers the county at your expense, and may create a cure that’s worse than the disease. If you’ve got a beef with your neighbor, be a grown-up -- work it out or get used to it.
We don’t need another intrusive law.

                                              ***

(Reprinted by permission of the Coquille Valley Sentinel )