Hey Commissioners; Why The Assault On Private Property Rights?

Before I point out why you three are not feudal overlords of private property in Grand County, I'd like to discuss a couple nagging issues voters should be aware of as each of your terms expire.

THE LANDFILL

At your March 15th meeting, the continuing disaster that is the county landfill was mentioned twice. Here's a quote from the minutes that raises a lot of questions:

"The BOCC had asked Superintendent Ken Haynes to check to see if the continued closing of the Granby Landfill, completing the placement of the required closing material and the re-seeding, would exacerbate the landfill slide. Haynes reported that after talking with the landfill consultants, he would like to move forward with the final cover at the Granby Landfill. The consultants and ground engineers are confident completing the final cover will not impact the slide, and to delay would be more costly in the future."(Commissioner's Corner)

After spending $1 million dollars closing down the landfill (slide?) and another $4 million mitigating a slide at the top, it sure is discouraging to see this thing still being referred to as a landslide. My conversation with Mr. Newberry was not encouraging, and I assume this thing is going to continue to plague the county. It's also not encouraging to see that a landfill workshop has been scheduled for the first week in May.

HOUSING FRAUD

As I pointed out in a conversation with Mr. Newberry, you three are at least partially responsible for the disaster that is the housing market in Grand County. I'm not talking about the decline in real estate values either. I'm talking about the pervasive fraudulent building practices that occurred under your watch. 

If you're going to have a planning/zoning/building department that oversees all stages of property use, you're also going to accept the liability that goes along with it. There are counties in Colorado with no building codes. If someone builds a house there and it collapses on them, that's their own damn fault. But, if you're going to nitpick every single porch extension and building project on a person's property, require them to obtain permits, and generally screw around in other people's business, then you're going to accept the liability that goes along with it.

There are multiple developments in this county currently in litigation because of defects in design and construction. If the county was properly overseeing these projects during the boom times, we wouldn't have this disaster on our hands. But that's not the case. The county accepted the fees, approved the plans and 'oversaw' the various stages of construction. When the HOA's, homeowners and other interested parties are done suing the bejeezus out of their respective builders/contractors/developers, I hope they fix their sights on the true problem--the county itself. I think theres a very good case to be made for complicity.

PRIVATE PROPERTY... ANY QUESTIONS?

What is it about the character of governments in our nation today that makes them think they have any business administering decision making with regard to private property? This nation was founded on the principles of private property to such an extent that even our natural rights are given status as a property right. 

You three have taken an oath to defend and uphold the Constitution of the United States and that of the State of Colorado. But, you don't take your oath seriously, just as almost nobody in your position does today. So what is an oath? 

"A solemn, formal declaration or promise to fulfill a pledge, often calling on God, a god, or a sacred object as witness."(Free Dictionary) 

Have any of you even read the two documents you've taken an oath to uphold? If so, have you happened upon the Fifth Amendment? No, I'm not talking about the provision that prohibits a person from incriminating himself against their will. I'm talking about this part:

"...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."(Fifth Amendment)

Why is this passage important? Because you Commissioners seem to think you can limit a person's ability to exercise their property rights by executive fiat. A recent example of your hubris is your position on the proposed oil and gas leases in Kremmling.

Do you know what due process is, and who it protects? Due process is...

"An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual."(Free Dictionary)

The important takeaway here is that the Fifth Amendment is not about the public interest, majority opinion or some other mob-rule concept. It is about safeguarding the rights of the individual.

Private property owners in Grand County have an opportunity to exercise their ownership rights to their greatest benefit. Who are you to obstruct their ability to do so? It could be argued that you are violating your oaths of office, and therefore perjuring yourselves in the process.

And about the water snafu; I'll address that in the future.