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Simple answer: your state says you don't own the rights to that water. That's what the law is and always has been (especially out West).
And you don't own the exclusive rights to the trees and grass and dirt on your land. If the wind blows dirt from your property onto my property, I now own "your" dirt. If you have some beautiful Walnut trees growing on your land and a Tornado rips them up and deposits them on my land, guess who owns that lumber - I do, not you. I wonder if some prior owner ever split of the mineral rights from your property and sold them to somebody else.
How about if a squirrel makes it home on your land - do you own it? (Nope - your state owns that squirrel)
Actually the township tried saying I dont own the rights to that water, I sued them, (or more accurately they sued me for using and diverting the water on my land), I counter sued them, and won..
The courts ruled that its my property, and I have reasonable use of the water which rests with it.
Just because government says something, doesnt make it so.
What do you mean so? I gave a factual answer to your questions. If you think this tradition is wrong, argue it to your legislators.
No, you gave a lawyerly answer.
I asked a very direct question and you didn't answer it AT ALL. From whom did the state claim the unfallen rain. By what agreement did it obtain the rights?
What do you mean so? I gave a factual answer to your questions. If you think this tradition is wrong, argue it to your legislators.
I have, when they tried to fine me over $400,000 for backfilling soil into a riparian setback area on my property, and then claimed that I couldnt do anything within 75 feet of each side of a crick which runs through it.
Courts ruled the government was wrong, and they went away when I told them I was going to file a class action lawsuit on behalf of every property owner in my township which has a crick run through their land.
I asked a very direct question and you didn't answer it AT ALL. From whom did the state claim the unfallen rain. By what agreement did it obtain the rights?
The state claims all the water, not for the state, but the state represents the entire population. Simple as that. We all need water to survive. Laws like this are needed, otherwise you'll have robber barons hoarding up as much water as they can and selling it at monopoly prices. This is a monopoly prevention mechanism. Nobody has the right to hoard up water and deny its use to others, that is what the law is saying
I have, when they tried to fine me over $400,000 for backfilling soil into a riparian setback area on my property, and then claimed that I couldnt do anything within 75 feet of each side of a crick which runs through it.
Courts ruled the government was wrong, and they went away when I told them I was going to file a class action lawsuit on behalf of every property owner in my township which has a crick run through their land.
That make the news by any chance? Cause thats kinda awesome.
The law is the law-if the court finds for you. Obviously in your case they did.
The state claims all the water, not for the state, but the state represents the entire population.
LOL!!!!! That's the funniest bit of silliness ever.
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Simple as that. We all need water to survive. Laws like this are needed, otherwise you'll have robber barons hoarding up as much water as they can and selling it at monopoly prices.
So when the state becomes the robber baron, it's ok with you.
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This is a monopoly prevention mechanism.
No, it's the creation of a STATE monopoly. But you LIKE govenrment having all the power, money, and ownership, so you see no fault in it.
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Nobody has the right to hoard up water and deny its use to others, that is what the law is saying
Except, of course, the state ( which apparently you think is a great idea...).
Yep. State isn't selling water at monopoly prices to me, is it?
Except that the state isn't selling water to me at gouging prices, so your point is moot
(some snippage above, but not out of context I believe)
Yep. State isn't selling water at monopoly prices to me, is it?
You fail to comprehend what "monopoly" means.
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Except that the state isn't selling water to me at gouging prices, so your point is moot
You still fail to comprehend what "monopoly" means.
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Yes, I do think so. Feel free to move to Somalia if you want minimalist government.
Tell me, why is it better that the state hoard all the water, than the landowners own the water that falls on their land?
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