Macon County Zoning
Zoning ≠ personal property rights
During Representative Warren's town hall meeting in Tuskegee the evening of Thursday, January 31, 2013 she stated upon the request of the County Commission she and they will re-examine Macon County's proposed zoning, that has been in the works for several years. (A friend of mine calls dormant measures, "legislative landmines" as they'll sit quietly unknown and unused until the ideal opportunity to dust it off saying it has been on the books for years.) I reminded our representative during the meeting that she in the same court room less than a year ago stated she supported personal property rights and that zoning is not supportive of personal property rights.
That evening I sent this e-mail to our representative, Chairman Maxwell, and my County Commissioner, Mike Berry, cautioning them zoning is nothing but a land mine waiting for some innocent person to step on it. And to think zoning and regulation of private property is not on the drawing board of counties and municipalities across the U.S., think again. Ms. Kelleigh Nelson, a successful businessperson and professional, cautions all of us to be informed and involved or suffer the consequences of zoning and loss of the use of your private property.
Zoning laws create "negative impacts on the poor" writes Nathan Smith, Foundation for Economic Education, March 18, 2014. Smith writes a free market void of zoning will cause developers and residents to negotiate for property rights. Moreover he continues, "Zoning can be a form of class warfare when rich people deploy government power to keep poor people out of their field of vision."
This table clearly demonstrates that Macon is way out of the league of the heavily populated Baldwin, Jefferson, Madison, and Shelby Counties who have zoning of their unincorporated county.
|
Population 2011 est. |
Medium household income 2007-2011 |
Private Non-farm estab. 2010 |
Person/sq mile 2010 |
21,182 |
29,355 |
205 |
35.2 |
|
186,717 |
51,321 |
4,665 |
114.6 |
|
658,931 |
45,750 |
16,614 |
592.5 |
|
340,111 |
57,453 |
8,093 |
417.7 |
|
197,936 |
68,883 |
4,817 |
248.5 |
The below table without a doubt shows that our neighbors, less Lowndes County, have a higher medium household income than Macon. The number of businesses in these counties are reflective of a better business environment without zoning than Macon.
|
Population |
Medium household income 2007-2011 |
Private Non-farm estab. 2010 |
Person/sq mile 2010 |
21,182 |
29,355 |
205 |
35.2 |
|
Lee* |
143,468 |
42,320 |
2,352 |
230.8 |
232,032 |
44,587 |
5,634 |
292.5 |
|
80,162 |
54,831 |
1,111 |
128.2 |
|
54,572 |
33,754 |
838 |
82.6 |
|
10,542 |
31,955 |
120 |
17.5 |
|
55,267 |
53,899 |
871 |
91.8 |
|
33,939 |
32,186 |
573 |
57.4 |
|
41,623 |
39,423 |
760 |
58.1 |
|
10,713 |
37,191 |
94 |
17.7 |
|
27,119 |
34,041 |
516 |
94.4 |
|
11,147 |
27,905 |
125 |
15.8 |
|
13,911 |
38,041 |
237 |
22.8 |
|
32,915 |
31,179 |
652 |
48.9 |
|
20,650 |
31,273 |
423 |
27.0 |
* Unicorporated county area has sub-division zoning
These two tables show Macon County needs a better business environment with lower sales taxes and fees and a qualified work force rather than telling us how we may use our personal land. If the government wants my land for the greater good of the community they legally can take it with due compensation. However, I have not read in either of our Constitutions the government has the right to dictate in how I may legally use my land.
As far as I am concerned zoning is government telling landowners how we can use and enjoy our land, regardless if a yard or a couple of acres. If a corporation wants to move onto Wallace and Wallace property or any other property in Macon County they are welcome to purchase it to do so. If my neighbor across the street from my driveway wants to build a hog farm I can first speak with the landowner to discuss options or if I believe I have a case I can try my luck through the court system.
Zoning appeals include the legal system so where is the advantage of zoning other than control and more revenue. Think about this one. Lets say my property is now zoned agricultural and the county re-classifies it, would my taxes go up on the re-classification? Higher tax rates produce more revenue for the county.
Yes, sub-division zoning is necessity. Sub-division and routine zoning are two different animals. A builder acquires a tract of land, builds houses, public infrastructure that may below standard and code, walks away with money stuffed in every pocket and sticks the county (and taxpayers) with the responsibility of repairing or worse, rebuilding the roads, sewer and water lines.
The county should have subdivision zoning but not regulated by another bureaucratic agency or board. KISS it. A contractor wants to build a development. The application would first be presented to the County Commission. The submitted plans would be approved by the County Engineer who would also monitor and give his final okay to the County Commission. The County Commission would have the final approval before the first unit is placed on the market. Keep our taxes down with smaller government and the use of our existing government employees. No new board or employees. We have a County Engineer who knows construction already on the pay roll.
You want zoning nightmares?
Look no further than our neighbors in Tuscaloosa following the total devastation that overtook entire communities in April 2010. Nightmares of wanting to rebuild their homes, businesses, and shops were intercepted and halted by new zoning regulations few were aware of. I have a good friend who has spoken about the world on property rights who refers to ordinances passed and tucked away until the opportunity is ideal for their application "legislative land mines."
Even more current than the April 2010 tornadoes is the aftermath of Hurricane Sandy in the northeast. This could be you or I following the destruction of your home by fire, hurricane, or tornado. Hypothetically, lets say regrettably your house has been destroyed by a fire, such as the recent incident on South Main, Tuskegee, and little did you know the building code and zoning had been changed while you and your spouse was hard working putting food on the table for your family and paying your mortgage and taxes. You need to rebuild your family's home. Not so fast. You must now do so within the NEW zoning and building code regulations.
A classic yet sad example. A woman lived on her property in Connecticut for 29 years paying taxes and other required fees. She was living in a cottage and renting out her home for income. Hurricane
Sandy destroys her cottage and damages her rented house. She seeks to restore her life to pre-Sandy days. Not so fast. Zoning now permits a home per lot and therefore she is unable to rebuild her cottage through no fault of her own because of some "forward thinking bureaucrat" with visions of pots of gold at the end of the county rainbow.
Should our representative and county government further explore zoning or worse yet implement zoning in the unincorporated area of our county we need to know the true reason for doing so and who supports trampling our personal property rights. The time to stop this taking of our personal rights is NOW - as in right NOW.
If you are really interested in keeping your personal property rights - you must be vigilant - send me an e-mail and I'll keep you abreast of the Macon County zoning issue. Delay and believe it'll not happen in Macon County is foolishness; ask those in Tuscaloosa, Long Island, and Connecticut or the citizens of Tuskegee as to who stelth city government can be with their new 2% increase of their sales tax.
Keep your eyes and ears open but put your wallet and deed in a secure area - big government is coming!