Thursday, January 15, 2015

Utah Governor Gary Herbert Fires Warning Shot On Personal Property Rights

Utah Air Quality Board seeks to ban solid fuel burning which includes wood

 

Utah Legal Notices published the notice to the public for the ban on burning solid fuel as requested by Governor Gary Herbert, which means that he is wholeheartedly behind this usurpation of private property rights! The Governor, UDAQ, UCAIR and the EPA are all working together in this effort.  The legal notice states that those who only have solid fuel as the sole heating source for their property "could" get an exemption if they have a PERMIT "decreed" by the Division Of Air Quality!  Call me crazy but, am I the only one that sees "Constitutional Violation" here?

 

An Opposing View To The Proposed Ban

 

 

In a Fifth Amendment treatise by Washington State Supreme Court Justice Richard B. Sanders (12/10/1997) writes, "Our state, and most other states, define property in an extremely broad sense. That definition is as follows: 'Property consists not merely in it's ownership and possession, but in the unrestricted right of use, enjoyment, and disposal.  Anything which destroys any of the elements of property, destroys the property itself.'  The substantial value of property lies in its use.  If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right."

As the Founding Father John Adams said, "The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence."

Rancher and Property Rights Advocate Wayne Hage said, If you don't have the right to own and control property then you are property."

 

Private Property Rights In Part Mean: 

     1.  The owner's exclusive authority to determine how private property is used.

     2.  The owner's peaceful possession, control and enjoyment of his/her legally purchased deeded private property.

 

In CATO's Handbook For Policy Makers they are trying to encourage congress to act, in giving guidance to federal agencies, the courts and giving property owners a single forum in which to seek injunctive relief and just compensation promptly.  They advocate that America's Founders understood clearly that, "private property is the foundation not only of prosperity but of freedom itself."  That through "common law", state law and the Constitution they protected property rights, "the rights to freely acquire, use, and dispose of property."  With the growth of modern government, however, those rights have been seriously compromised.  Property is the foundation of every right we have, including the right to be free!

John Lock inspired Thomas Jefferson when he drafted the Declaration of Independence, stated simply, "Lives, Liberties, and Estates which I call by the general Name, Property."  And James Madison, the principle author of the Constitution echoed, "as a man is said to have a right to his property, he may be equally said to have a property in his rights."  Common-law judges understood that property separates one individual from another, and that, "individuals are independent or free to the extent that they have sole or exclusive dominion over what they hold."  Americans go to work everyday to acquire property just so they can be independent.

In protecting property rights, if property once acquired could not be used and enjoyed, and the right of sole dominion, with the right to exclude others, a right against trespass, or a right of quiet enjoyment, and the right of active use, common-law is on the side of free use.  The people are not required to obtain a permit before they can use their property no more that people are required to obtain a permit before they can speak freely.  Concerning the takings clause, the burden is upon those who object to a given use to SHOW how it violates a right of theirs.  That amounts to having to show that their neighbor's use takes something they own free and clear.  If they fail, the use may continue.  Thus, the common-law right of free use only when a use encroaches on the property rights of others, therefore a regulatory scheme in which rights of active use end when they encroach on the property right of others.  When the cost of the benefit to the public falls entirely on the owner, that would amount to plain theft.  It was for this very reason that the Founders wrote the takings clause in the first place.  Bad, in that the public take what it wants by condemnation, at least it should pay rather than ask the owner to bear the full cost of it's appetite.  It is here that modern regulatory taking abuses are most common in government at all levels try to provide the public with all manner of amenities, especially environmental amenities, "off budget."  As noted earlier, there is an old-fashioned work for that practice, it is "theft" and no amount of rationalization about "good reason" will change that.  Even thieves have "good reasons" for what they do!

We should recognize that the problem of regulatory taking begins with the regulation!  The Founders did not think to specify that regulatory takings are takings too, and subject to the Just Compensation Clause.  They did not imagine the modern regulatory state.  They did not envision our obsession with regulating every conceivable human activity and our insistence that such activity, residential or business or what have you, take place only AFTER a grant of official permission!  We have almost reached the point at which it can be said that everything that is not permitted is prohibited!  That is the opposite of our founding principles, "everything that is not prohibited is permitted, where permitted means freely allowed not allowed by permit!"

 Listen-I could go on about property rights, regulation, the takings clause and all the rest of it, but I've said too much already!  The great thing about our Founding Fathers and Documents is they are clear and concise.  Notice they can fit on a good sized piece of paper.  They were understood by all, common knowledge, if you must. They weren't "muddied" or diluted!  If you "follow the dots" from God on down, they are easy to understand.  If our "law makers" of today would apply the Founders work as originally intended things would be simpler.  Legislation and Regulation would be limited to one piece of paper and not thousands of pages per bill, per regulation!  Enough said!

 

The truth about Carbon Dioxide/CO2

It is interesting to watch people, cast out everything they learned in junior high school science class out the window, and replace it with the great global warming swindle.  Science used to teach us that CO2 was what made our ecosystem work.  If it didn't work this way we, and the planet, would sease to exist!  In fact, the Committee For A Constructive Tomorrow released a report, containing REAL SCIENCE, entitled Carbon Dioxide: The Gas of Life.  The report states that carbon dioxide/CO2 is a miracle molecule for plants.  Where does this miraculous, nutritious carbon dioxide come from?  It lists, oil, natural gas, gasoline, diesel and coal, organic matter releases carbon dioxide when it is burned: grasses, wood and dung in heating fires used by millions all over the world-as well as forest and grass fires and homes and buildings when they burn down.  Bio fuels like ethanol when we use them in our cars and trucks, whether those fuels were derived from corn, algae, switch grass or palm oil.  It also lists, Beer, champagne and soft drinks-and bread, pizza donuts and cakes-also release carbon dioxide as part of the fermentation process.  Natural mineral springs, like the one in France used by Perrier, also contribute to atmospheric CO2 concentrations.  Of course, fish, sharks and whales, dogs and cats, lions, tiger and bears, elephants, humans, insects and all other animals exhale carbon dioxide when they breathe. We can't leave out volcanoes and the periodic shifts in ocean current patterns in the southern tropical pacific, known as El Nino and La Nina, also affect carbon dioxide levels.  The study reminds us that all these human activities combined pump about 70 million tons of carbon dioxide into the atmosphere every day.  This sounds like a lot, but it's actually trivial.  Earth's total atmosphere weighs about 5.7 quadrillion tons; so the daily human contribution of CO2 is equivalent to about ONE PENNY out of $1 million!

Numerous Studies Document How Higher CO2 Levels Benefit ALL Plants, and In Turn, Benefit Every Living Thing

The study states that an increase CO2 by 300 ppm (parts per million) improves productivity of herbaceous plants by 30-50 percent, and woody plants by 50-80 percent!  A study conducted on loblolly pines found that in above-normal temps and CO2 at 700 ppm the pines did even better.  The study confirmed that the higher the CO2 the better, better plant growth and better tolerance to high temperatures!

So, what happens in plants when carbon dioxide levels increase?  Green plants use carbon dioxide to create food for themselves-to grow, survive and propagate.  In the process, directly or indirectly, they create food for all life, including humans: either we eat the plants, or we eat meat, eggs or dairy products from an animal that has eaten plants.  Literally thousands of studies demonstrate that higher atmospheric carbon dioxide levels enhance the growth of all plants and food crops-directly, by helping them create more of their edible parts, or indirectly by helping them resist drought and pollution!

More CO2 in the air means enhanced rates of photosynthesis and biomass production for virtually every kind of plant and every part of the plant: wheat and rice, corn and alfalfa, peas and beans, cotton, trees of every description, sugarcane, and almost anything else you can think of...stems, branches, roots, seeds, flowers and edible parts...on every continent...and in every ecosystem, from temperate forests to tropical rain forest's, mountain areas, deserts, lakes, rivers and oceans!

Plants use carbon dioxide as their most fundamental and essential building block.  More CO2 generally means more and larger flowers; higher seed mass and germination success; and improved plant resistance to droughts, diseases, viruses, pathogenic infections like downy mildew disease, air pollutants like ozone, and salt or nitrogen accumulation in soils.  It improves the ability of plants to utilize land, water, soil nutrients and fertilizer.  Is any of this sounding familiar yet? 

 

http://www.naro-us.org/Resources/NARO%20CA/NARO-CA,%20US%20Senate%20Minority%20Report,%20Billionaires%20Club%20(1).pdf


The United States Senate Committee on Environmental and Public Works Staff Report

Entitled: "How a Club of Billionaires and Their Foundations Control the Environmental Movement and Obama's EPA" dated July 30, 2014 reveals...

    In detail the mechanisms and methods of a far-left environmental machine that has been erected around a small group of powerful and active millionaires and billionaires who exert tremendous sway over a colossal effort. Although startling in its findings, the report covers only a small fraction of the amount of money that is being secreted and moved around. It would be virtually impossible to examine this system completely given the enormity of this carefully coordinated effort and the lack of transparency surrounding it. 

The failure to openly acknowledge this force and the silence of the media with whom they coordinate further emphasize the fact that until today, the Billionaire’s Club operated in relative obscurity hidden under the guise of “philanthropy.” The scheme to keep their efforts hidden and far removed from the political stage is deliberate, meticulous, and intended to mislead the public. While it is uncertain why they operate in the shadows and what they are hiding, what is clear is that these individuals and foundations go to tremendous lengths to avoid public association with the far-left environmental movement they so generously fund.
 

The report attempts to decipher the patterns of “charitable giving.” Often the wealthiest foundations donate large sums to intermediaries – sometimes a pass through and sometimes a fiscal sponsor. The intermediary then funnels the money to other 501(c)(3) and 501(c)(4) organizations that the original foundation might also directly support. The report offers theories that could explain this bizarre behavior, but at its core, the Billionaire’s Club is not, and seemingly does not, want to be transparent about the groups they fund and how much they are supporting them.
 

In advancing their cause, these wealthy liberals fully exploit the benefits of a generous tax code meant to promote genuine philanthropy and charitable acts, amazingly with little apparent Internal Revenue Service scrutiny. Instead of furthering a noble purpose, their tax deductible contributions secretly flow to a select group of left wing activists who are complicit and eager to participate in the fee-for-service arrangement to promote shared political goals. Moreover, the financial arrangement provides significant insulation to these wealthy elite from the incidental damage they do to the U.S. economy and average Americans.
 

Through these arrangements, the Billionaire’s Club gains access to a close knit network of like minded funders, environmental activists, and government bureaucrats who specialize in manufacturing phony “grassroots” movements and in promoting bogus propaganda disguised as science and news to spread an anti-fossil energy message to the unknowing public. Not only is the system incredibly sophisticated, but the Club’s attorneys and accountants have mastered the loopholes and gray areas in the tax code, which enable them to obtain a full tax benefit, even when the recipient of the grant is not recognized as a public charity, and even if the money indirectly and impermissibly funds political activities.
 

In order to understand how the Billionaire’s Club colludes with the far-left environmental activists and government officials, the report articulates the fundamental framework that governs these relationships. Essentially, the far-left environmental machine is comprised of hundreds of nonprofit organizations. Each entity is set up according to its designated purpose and is either a private foundation or a public charity, depending on where the cog fits in this well-designed wheel.  It goes on in great detail.  View the full report here: Billionaires Club and the Environmental Movement

 

Wrapping Up

I guess this my way of saying, "climate change is a scam funded by filthy rich people with an agenda propagandized by their media outlets and useful idiots designed to regulate and control everything 'under the sun' and make our lives miserable in the process!"  

The fact is, science still rules!  Burning wood isn't going to kill us, or the planet.  Asking us to register our fire places and wood stoves like firearms is absurd and infringes on our private property rights!  There's a lot of money to be made in this "climate gate" opportunist movement from government and it's cronies on down, and if they win the propaganda war, it will find it's way into every aspect of our lives without a whimper!  Well, I won't stand for it, and I hope you won't either.  

 

Please send your letters and emails to:  mberger@utah.gov

     Call or Write:

     The Office of Governor Gary R. Herbert
350 North State Street, Suite 200
PO Box 142220
Salt Lake City, Utah 84114-2220
 

Phone: 801-538-1000 Toll Free: 800-705-2464

 

You may also like:

Utah Division Of Air Quality A Witness of One 

The Shady Truth About Contrails - Cirrus Clouds Matter

What are the CHANCES Utah is GAMBLING on Weather Modification?

Utah Elected Lure Facebook To Build Massive Data Center In Eagle Mountain Utah

 

 *Note:  If you are not familiar with my blog posts, colored text usually contains a "hot link" in which you can view my source documents and video.  Enjoy the blog and pass it on!

Thanks!

 

Links: 

http://www.utahlegals.com/notice.php?id=236683

https://www.facebook.com/UCAIR/posts/762606603827739

http://www.ksl.com/?nid=148&sid=32819244#EEQkS3ApQ9yTI8MX.01

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCMQFjAA&url=http%3A%2F%2Fwww.cato.org%2Fpubs%2Fhandbook%2Fhb111%2Fhb111-34.pdf&ei=Iqm1VP2vKpOHyAT5w4L4BA&usg=AFQjCNHsdagKZnPBC-s_q6ZOzCMvIHAkmg&sig2=_Hu36c-ama1ICkzsp7bs7w&bvm=bv.83339334,d.aWw

https://www.youtube.com/watch?v=BY-gRFSaP7o&feature=youtu.be

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDUQFjAB&url=http%3A%2F%2Fwww.cfact.org%2Fpdf%2FCO2-TheGasOfLife.pdf&ei=Uj63VI7TNYWlyQSbiIIQ&usg=AFQjCNEkkh-ykQZi6BosWt3St2IzdQNbYQ&bvm=bv.83640239,d.aWw

http://www.epw.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=53280dcb-9f2c-2e3a-7092-10cf6d8d08df

http://www.naro-us.org/Resources/NARO%20CA/NARO-CA,%20US%20Senate%20Minority%20Report,%20Billionaires%20Club%20(1).pdf


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