Saturday, October 25, 2014

Constitutional Right to Own Property

While I can’t respond to every misleading and outright slanderous statement made about me, I do want to set the record straight regarding some of the more particularly outlandish claims that are being spread. 

One example is that I have recently been criticized for standing up for my Constitutional rights. In 2000, the Utah Department of Transportation (UDOT) decided to take a 1400 foot strip of property I own with my wife, Mary Lou, to develop a passing lane for Highway 132. We were agreeable to deeding the surface of our property to UDOT for the project, but UDOT demanded that we deed subsurface rights that it did not need and refused to pay for.

As is typical for these types of projects, UDOT started an eminent domain proceeding. The United States Constitution requires that the government only take what it needs and pay just compensation for what it does take. We represented ourselves in the eminent domain proceeding, and the judge agreed with us, saying the government didn’t need the subsurface rights to the property. The surface rights to the property were transferred to UDOT, just like we offered in the beginning.

Those criticizing me seem to think it’s a bad thing to stand up to the government when it wants to undermine your Constitutional property rights, but I don’t think there are many people in Juab County who think the government should be able to take property it doesn’t need. The attack on my character implies that public officials DO NOT have the same rights as other citizens. The constitution of the United States of America guarantees the same rights, privileges, and protection to ALL citizens.

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