https://www.supremecourt.gov/opinions/18pdf/17-647_m648.pdf
06-24-2019
Supreme Court Overturns Precedent In Property Rights Case
Property owners and developers often have complained that zoning rules and other state and local regulations have effectively taken their property for public benefit, and that the Constitution requires that they be paid just compensation or left alone to to enjoy their property.
U.S. Supreme Court ruled Friday that property owners can go directly to federal court with their claims that state and local regulations effectively have deprived a landowner of their use of their property. The 5-4 decision overturned decades of precedent that barred property owners from going straight to federal court until their claims had been denied in state court.
Federal courts are often viewed as friendlier than state courts for such property claims. The decision, with all five of the court's conservatives in the majority, may have particular effects in areas that have strict regulations for development.
The court's decision came in the case of Rose Mary Knick, who owns 90 acres of land in Scott Township, Pa. Knick's home and a grazing area for her horses are on the land, as well as a small cemetery where her neighbors' ancestors are allegedly buried.
When the town enacted a rule requiring all cemeteries be open to the public during daytime hours, Knick went to state court seeking a judgment that the state had in effect taken her property. When the town withdrew its notice that she was violating the local cemetery law, the state court said Knick could not prove that she was being harmed.
So, she went to the federal courts, which threw out her case based on decades-old Supreme Court decisions that have consistently required property owners to go to the state courts before appealing to the federal courts.
On Friday, however, the U.S. Supreme Court reversed the first of those decisions, a 1985 ruling that required property owners to take their complaints to the state courts first. Instead, the court majority said Knick and other property owners seeking compensation for limits on their property rights may go directly to federal court.
"We now conclude that the state litigation requirement imposes an unjustifiable burden" on a property owner's claim that his or her land has been effectively taken for public benefit without the government paying just compensation, wrote Chief Justice John Roberts.
In essence, Justice Roberts said, property owners are entitled to the same rights in federal court that other citizens have if they can prove that their constitutional rights have been violated.
REFERENCE:
https://www.supremecourt.gov/opinions/18pdf/17-647_m648.pdf
How can we protect our rights ? Well first, we have to know how to fight legally for our rights. Then we need a plan to build a life from. The Georgia Adobe structure comprises such a plan to live freely and I highly recommend this as the home plan you need. If you want to build your self and can attend a four day seminar to begin with, contact us about attending the next building seminar in Commerce GA at the Georgia Adobe World Headquarters. Telephone number 706-363-6453
We all know we have some constitutional rights, and many studied about this subject in school, X number of years ago, but we know we're supposed to have our rights. 'The Bill Of Rights", is always a reply I hear, when I ask this kind of questions, though many only know about the 2nd amendment, some of the fifth amendment, and some recall the "one about the press having the right to publish", although many can 't remember the specifics of that one, nor where it fell in the mix.
As a friendly reminder, the first Amendment is about the freedom of the press and assembly and religion. Further down, I posted the entire first 10 Amendments of the United States and I invite you to copy them and remember them, perhaps in your time of need, as they might even save your building project.
If the saving by our collective Amendments, of your building project confuses you, maybe you should consider the 1st Amendment a little more. We love to have these kinds of discussions, during construction projects, and as it's a bit different for those slinging mud and building houses, to know anything about our Constitution in detail. Yet, we do know a bit and are always glad to share what we have learned freely, with our clients.
If you're interested in a consultation, just to see if Georgia Adobe HomesTM can be of service to your new project, By starting at the $125.00 level, you get 30 minutes of phone time discussing your project. Just telephone our founder: Joe Woodall, Ecoitect TM, "Esq. Pro Se" at 706-363-6453 between 10 AM- and 5 PM on Monday - Friday and we will do our best to help you make your dream home or project come true !
If your dream home takes care of you, instead of the other way around, you're in the right place.
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"GOVERNMENT IS LIKE AN ONION,
IT ALWAYS GROWS IN SEVERAL LAYERS."
YOUR JOB, IS TO PEEL IT.
OUR JOB "at Georgia Adobe(TM)"
IS TO HELP YOU PEEL IT.
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It really is as Ben Franklin once said, when he was asked by a woman, standing outside of independence hall:
"What have you given us, Mr Franklin" She said?
Franklin replied : "A republic madam - if you can keep it" !
It's Election Time and we're headed into a Deep Recession. Lets Get All Candidates To Pledge,
To Change Our County & State For The Better By:
1) Making All Self Sustainable Off Grid Owner Occupied Homes Permitted Without Any Govt. interference and No Utility Connections Required.
2) End Zoning Restrictions To Allow All Property Owners to build Owner Occupied off grid homes on any of their property owned.
3) End All Property Taxes, Replace That Revenue With Retail Sales Taxes & Tax Property Sales.
4) Make All Govt Expenses Funded through Retail Sales Taxes or that Govt. Can't Spend The Money.
5) Replace The "Fee Simple Property Title" With "Allodial Property Title" so no one can sue and take a family's home for debts (other than the home itself).
Article BY:
Joe Woodall, Ecoitect TM, "Esq. Pro Se"
Is it legal to build an off grid home, even though your government may say no ?
We are not Lawyers except for ourselves, but in our opinion and based upon the facts of court decisions, our answer depends.
Here's "some" of what I mean and YES, there's always lot's more to discuss than one article could describe:
You have Constitutional Rights ( we all do that live in the united states ) and the S.C.O.T.U.S. (supreme court of the US) has already affirmed many times in the citizens favor along the lines we write about herein, and their decision was against any government control by new laws , permits , fees or codes, that limit our basic constitutional freedoms, so perhaps it's not absolute that you must follow , just as others may suggest, and go automatically to your government and fully comply, with "local ordinances" if they are not constitutional, as the supreme laws may already dictate you don't have to.
For example:
In the Bill Of Rights and the First Constitutional Amendment (and yes, it was ratified by each state, into their Constitution when that state was formed and this still exists) affirms that:
"We The People" (that's you by the way), hold the Right to practice your religion . See more below, but to paraphrase:
"(Congress shall make no law respecting an establishment of religion or prohibiting, the free exercise thereof...)".
Question:
Could your way of life, and perhaps even the actual construction of some structure including your families home, be some part of your religion ?
Our Answer is: Yes it can , conditionally !
This "Right" to practice religion, has only been limited by a couple of Supreme Court decisions, that stipulated that
1.) Public Health, and/or
2.) Public Safety, must not become interfered with, by that practice of religion, for it to be limited.
There are additional rulings, that have also affirmed our Rights, (as they are Derived from God not government and thus must be protected by all governments in the USA), so the answer is not a simple yes or no, as it may depend on you and your religion !
Here Below Are THE FIRST 10 AMENDMENTS, KNOWN AS "Bill of Rights" :
Amendment 1
Freedom of Religion, Speech, and the Press
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Amendment 2
The Right to Bear Arms
A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
Amendment 3
The Housing of Soldiers
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Amendment 4
Protection from Unreasonable Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Amendment 5
Protection of Rights to Life, Liberty, and Property
No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
Amendment 6
Rights of Accused Persons in Criminal Cases
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
Amendment 7
Rights in Civil Cases
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.
Amendment 8
Excessive Bail, Fines, and Punishments Forbidden
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9
Other Rights Kept by the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment 10
Undelegated Powers Kept by the States and the People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
JOE WOODALL .COM
Save America
1) America needs An end to real estate property tax, replace the revenue funding from a sales tax w/ pre-bates for the poor.
2) Bring back Allodial property title in place of free simple title.
3) Allow anyone or business to build an off grid home in America on their paid for property without any government oversight.
4) Institute the "Fair Tax" system, in place of the income tax system currently in use.
5) Allow lawfully, on all property of correct size, the production of fuel grade ethanol with that being within the BATF permitted alcohol fuel production limits.
http://www.georgiaadobe.com/bio-fuel---alcohol-facilities.html
Georgia AdobeTM designs and builds the best ecologically correct structure on the planet.
Call Us First ! 706-363-6453
FIGHT CLUB !
WHY FIGHT CLUB ? LET US EXPLAIN.
If you want to build something conventional the fight is very small. You just get in line, get your money and loans out, hire an Architect, hire some masons, framers and finish carpenters, plumbers, electricians, sheet rock finishers etc, buy a hand full of government permits and head for the "mortgage slaughter house", along with the other cattle, and when you get to the center of the the room, a very soft pillow will slide gently down, right against the back of your head and the 6 inch long steel bolt, will strike your spine, thus killing you and your budget
( metaphorically speaking of course ) and you fall into the long dark steel shaft, that we call:
" the 30 year long abyss".
If that's your intention, then best wishes and see ya !
*If your intention is to build an alternative home, { A Georgia Adobe Home(TM) }, one that heats and cools itself, makes its own power, captures rainwater, filters it, makes it useful for anything, an earthen home that is built from natural, recycled and local and free materials, a home that recycles nearly 100% of its waste, a home that is actually built from mostly Earth, thereby creating high thermal mass = ( Think Battery ) and a house that can cost 20% (+/-) of a conventional homes cost, a home that can grow a major portion of your fresh food, a home that maintains its temperature at a basic rate not requiring utilities for environmental control or even to operate as it's a home that can operate off grid, and a home that is "Paid For The Day You Move In It", then you are in the right place, because it will be a FIGHT !
The good news is, we can likely help you very much !
Fight Club Has Rules:
Rule #1
Don't Talk About Fight Club !
Rule #2
Don't change Rule Number 1
Rule #3
You will need tools , many of which we can help you with, others we will point you to, or in the right direction of, as in at our Building Seminars. There's more, but if you made it this far, your tough and you might just be a good candidate for, Fight Club and if so, please consider taking our 4 day long Building Seminar at our home office in Commerce GA. as the results will likely save you money and teach you how to proceed.
Interested ?
Start your new project with a consultation with just 30 minutes of time online for just $125. Please prepay for 30 minutes and engage our services, then contact Joe Woodall Ecoitect and Founder of Georgia Adobe, so we can initiate our services for your new project. Dial 706-363-6453