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Old 10-23-2018, 01:26 PM
 
Location: Denver, CO
8,750 posts, read 3,116,288 times
Reputation: 1747

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Land of the free...

Quote:
Brothers Gary and Matt Percy could face nearly half a million dollars in penalties for removing more than 1,400 trees from their property without permission from Canton Township.

The two own a 16-acre property off of Yost Road, east of Belleville Road in Canton Township with the intention of creating a Christmas tree farm on the plot, according to their attorney, Michael J. Pattwell.

The land was filled with "invasive plants like phragmites, buckthorn and autumn olive," he said.
Quote:
But the township requires land owners to gain permission and promise new tree plantings before cutting down existing forestry, especially for landmark or historic trees.
The only statement that matters in the long run:

Quote:
"This case is about misguided overreach. It is unavoidably about whether people who own property are allowed to use it..."
https://www.mlive.com/news/detroit/i...arly_half.html
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Old 10-23-2018, 01:37 PM
 
45,201 posts, read 26,417,923 times
Reputation: 24962
If it isn't harming your neighbors, you should be able to do whatever you wish on your own property.
Funny, I own some acerage next to national forest land and parts of it are loaded with invasive species brought here by ...you guessed it the USDA.
Governments are terrible stewards of the land and have no business telling others what they can do on their own property.
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Old 10-23-2018, 01:39 PM
 
Location: Denver, CO
8,750 posts, read 3,116,288 times
Reputation: 1747
Quote:
Originally Posted by Frank DeForrest View Post
If it isn't harming your neighbors, you should be able to do whatever you wish on your own property.
Funny, I own some acerage next to national forest land and parts of it are loaded with invasive species brought here by ...you guessed it the USDA.
Governments are terrible stewards of the land and have no business telling others what they can do on their own property.
Exactly. They aren't violating the NAP, and they aren't trespassing on anyone else's property, so they have the absolute right to do to their property whatever they wish as long as they continue that.
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Old 10-23-2018, 01:40 PM
 
Location: Ellijay,Georgia
391 posts, read 158,666 times
Reputation: 213
Quote:
Originally Posted by rebeldor View Post
Land of the free...





The only statement that matters in the long run:



https://www.mlive.com/news/detroit/i...arly_half.html
I saw this story this morning when I read my fox news app...its absolutely outrageous. That township "rule" is unconstitutional to begin with and I would take this all the way to the supreme court. Their land they can do what they want with it.
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Old 10-23-2018, 01:46 PM
 
Location: OH->FL->NJ
17,002 posts, read 12,583,387 times
Reputation: 8921
Quote:
Originally Posted by rebeldor View Post
Exactly. They aren't violating the NAP, and they aren't trespassing on anyone else's property, so they have the absolute right to do to their property whatever they wish as long as they continue that.
dumb law. Any law should be the reverse, that is the township has to say this specific tree is historic and should be on a very specific list available during any business day. IE very few trees fall under said description.

Silly question. Where in the constitution is the mentioned right?
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Old 10-23-2018, 01:50 PM
 
Location: Denver, CO
8,750 posts, read 3,116,288 times
Reputation: 1747
Quote:
Originally Posted by Odium14 View Post
I saw this story this morning when I read my fox news app...its absolutely outrageous. That township "rule" is unconstitutional to begin with and I would take this all the way to the supreme court. Their land they can do what they want with it.
Property rights are based on Natural Law--not a piece of paper written by people. The Constitution neither gives nor protects rights; rights are inherent by virtue of being born.
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Old 10-23-2018, 01:51 PM
 
Location: Denver, CO
8,750 posts, read 3,116,288 times
Reputation: 1747
Quote:
Originally Posted by ottomobeale View Post
dumb law. Any law should be the reverse, that is the township has to say this specific tree is historic and should be on a very specific list available during any business day. IE very few trees fall under said description.

Silly question. Where in the constitution is the mentioned right?
It doesn't matter what the township says; property rights are absolute and no one has the right to tell others what they can and cannot do with their own property. Period.
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Old 10-23-2018, 02:02 PM
 
Location: San Diego
18,717 posts, read 7,597,559 times
Reputation: 14987
Quote:
Originally Posted by ottomobeale View Post
Silly question. Where in the constitution is the mentioned right?
Non-silly question: Where in the Constitution does it say that the govt has the power to regulate such trees on private property?

On edit:

From the linked article:
Quote:
Canton Township's tree removal ordinance prohibits landowners from removing trees from private property without government permission
Sounds like it wasn't the Fed govt that made this law, it was a township or city. The U.S. Constitution doesn't mention any power for the Fed to regulate trees, which means they can't do it, but state and local govts can if they want to. And it looks like one of them wanted to.

If Canton Township's governing board (City Council?) was duly elected, and if there aren't any statements in the Michigan Constitution or City Charter saying the Township is forbidden to make that law, then it sounds like the guy is stuck.
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Old 10-23-2018, 02:10 PM
 
Location: Santa Monica
36,856 posts, read 17,350,188 times
Reputation: 14459
Quote:
Originally Posted by Frank DeForrest View Post
If it isn't harming your neighbors, you should be able to do whatever you wish on your own property.
Funny, I own some acerage next to national forest land and parts of it are loaded with invasive species brought here by ...you guessed it the USDA.
Governments are terrible stewards of the land and have no business telling others what they can do on their own property.
US Fedguv: biggest polluter on the planet.

Every day the irony smacks those of us who are woke right across the face.
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Old 10-23-2018, 02:12 PM
 
Location: San Diego
18,717 posts, read 7,597,559 times
Reputation: 14987
Quote:
Originally Posted by rebeldor View Post
It doesn't matter what the township says; property rights are absolute and no one has the right to tell others what they can and cannot do with their own property. Period.
If the voters duly elected that City Council or whatever the governing board is, and expressly gave them the power to make laws governing trees regardless of property, then the voters have voluntarily voted away their own property rights, and as a result the Township is fully within its authority to do what it is doing.

Still sucks, but the voters should have been careful what they were voting for.
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