The coming fight over property rights

During the 2011 General Assembly session, legislators gave their approval to a constitutional amendment that would strengthen property rights in the commonwealth. As with all constitutional amendments, a measure must pass through two General Assembly sessions, with an election in between, before it can go before voters in a referendum. The first hurdle — initial passage — has been cleared. The election is almost upon us. But those who really aren’t keen on a property rights amendment passing a second time are preparing the battle space:

The City of Manassas is joining other localities to wage a campaign against a proposed constitutional amendment in the Virginia legislature that will affect everything from whether state roads are built to the city’s ability to shut down streets for its Christmas parade, according to officials and lobbyists.

It likely will also cause a massive outbreak of cooties in the courthouse, but the hyperbole on display in the WaPo piece is just a sample of the kinds of arguments local governments will use in their attempt to derail the amendment.

But what’s interesting, or criminal, depending upon your point of view, is how much taxpayer money local governments will use to fight against stronger private property rights.

Manassas is going to pay Thomas Dick $1,500 a month to argue against the property rights amendment and other issues. Other localities have long done the same, and will do so again next year. Back in 2009, in a previous attempt to get a property rights amendment out of the General Assembly, a bevy of local governments, government agencies, trade associations and private companies came out swinging. The flyer their lobbyists distributed during a committee hearing on the amendment can be seen nearby (click on it to enlarge).

Local governments against property rights

It’s very likely these same entities, and possibly more, will be doing whatever is necessary to scuttle the property rights amendment next year. It’s their right to do so…though most of them go about it on your dime.

As Attorney General Ken Cuccinelli noted on his Facebook page, this coming fight is all the more reason to make sure the right people are in place in the Virginia Senate:

You might be asking yourself – what member of the General Assembly would oppose protecting property rights?

Well – there are many, including, over the years, some Republicans. Critically this year, Virginia’s own State Senate Majority leader, the ever blunt Democrat Dick Saslaw said – not once, but twice – on the floor of the Senate that property rights have no place in Virginia’s Constitution.

It’s important that between now and election day you make sure your delegate and senate candidates are committed to voting for the amendment next session, even if (when) their local governments come screaming to them not to vote to protect property rights.

Sen. Mark Obenshain, who picked up right where Cuccinelli left off on the issue in the state Senate, offers more insights on last year’s legislative battle over the amendment in the latest issue of Bearing Drift Magazine.

It hasn’t been the biggest of campaign issues, and even when a Kelo-type case is burning up the news, most people think eminent domain abuse is something that happens to other people (usually those who are either poor, live in rural areas or lack political connections).

But it should be. Without property rights, every other right we enjoy is meaningless (think about it and you’ll see how true that statement is).

So ask your candidates: “do you support the property rights amendment?” Their answers will tell you more about their views on liberty and limited government than a mountain of position papers and tweets ever could.

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