Thursday, August 16, 2007

City of Ramsey Comprehensive Plan - Aug.22 "Balancing Property Rights with Public Interest"

Here is the start of an excursion. At the end there will be a closed book exam.

Our City asks us,

"What is a property right?" Are there property "rights" to develop, live peacefully, purchase a home that increases in value? With these rights, do we have responsibilities of stewardship, sustainability and respect for our neighbors? The right of one person or group may conflict with another's. What is the City's role in determining what "rights" are to be enforced? What is a legal foundation for property rights? How do we allow flexibility to balance the interests and rights of all landowners and the general public within the existing zoning regulations? What is the role of grater public benefit in this discussion we will explore these issues together.


6:30 - 9:30 p.m.
Alexander Ramsey Room
Ramsey Municipal Center [The big new COSTLY City Hall]
7550 Sunwood Drive NW

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That is the notice.

Now, for some background, ownership during a lifetime is arguably clear enough, but what about historical ranges of time, or geological? Does "ownership" mean much, ice age to ice age?

But, narrow it to the 2008 Comprehensive Plan, looking 30 years to the future; but with an eight year renewal cycle, where changed circumstancs can have play.

What of "Life, Liberty, and Property"? There is the thought of defining ownership. The view of the franchise to vote as the most basic property, although this session will be about tangible real property - and its relation to freedoms.

There is the notion that something as intangible as intellectual property has little in common with or tying it to land, yet a patent or a parcel of real property allow the right to exclude others from using our property. Property.

If you are still with me, and not bored stiff with arcane thought, do you have a right to join a group, or may others have some right to define their group and exclude you? Do you have a right to crash a party? Is that part of your "property?"

That is sufficient background. Now the closed book exam.

Imagine, consider; a parcel of real property, say smaller in footprint than a townhome at Town Center. What rights belong to the occupant, and how, depending on circumstances, could the occupant exercise those rights? Can the owner set exclusionary limits, perhaps visiting times, while permitting public entry and if there is public entry - under what terms and conditions of conduct? And what if perhaps the owner's view and the occupant's view of property might be known or believed to differ - how is that resolved? Can it be resolved. Would an eviction be proper in every instance of such a conflict of philosophy, especially if the occupant does not appear rowdy, or capable of presently distrubing the peace? Bear all of these questions in mind and more. Think of as many aspects of propery as you can imagine. If you view a piece of property, what right have you to use another's view of the same parcel of land, the same view, the same perspective; and once a property has been altered, with whatever fixtures, structures it may have, added over time, is there a line to be drawn against altered use? Or is the owner sacrosanct - to do whatever? Who might have rights to alter, or remove a structure - and what public rights might apply, if the parcel is not presently under public ownership, or if it is indeterminate who owns, absent a search of land records?

Finally, if you can handle that range of thoughts, and if you believe you have over time developed a truly healthy sense of irony to go with your analytical skills, even to give it play when regarding such a quite serious concept as private property, and only if you feel that way, then proceed to take the examination. Procedurally, it is simple. But you must after proceeding write a 200 word essay on aspects of property you find compelling in this link pair. If you believe yourself up to that task, proceed [and since this exam is on the honor system, click one or both, in whatever order you believe [or feel] best]:

<click here>

<click here>

Thank you. If you have taken this exam and can find Ben the taxpayer, day or night, at his proprietary spot at Town Center, then you are fit to attend and share your ideas Aug.22 -- about property rights.