Private Property Rights are foundational to our freedom.
Is the South Dakota Legislature compromising away those rights? These comments from a facebook post by State Representative Elizabeth Marty May present a clear picture of the battle that is taking place.
I’m receiving calls in regard to the “Meandering/Non Meandering” water issue. I’m taking this opportunity to explain my position for the pending legislation.
First I want to say, “I’m appreciative of the committee’s work on compromise legislation that took into consideration all parties involved. I know they put a lot of hard work into this issue and by no means does my decision NOT to support this legislation undermine their efforts.
In a recent SD Supreme Court ruling they concluded that the legislative branch of government needed to resolve this issue as it pertains to recreational use and private property rights.
Both the Fifth and the Fourteenth Amendments to the Constitution provide “due process” protections for “life, liberty and PROPERTY” We hear a lot about courts and POLITICIANS protecting the rights to life and liberty – but we don’t hear so much about PROPERTY. Property rights are clearly as important as other individual rights in the US Constitution that protects the individual right to ownership of private property against infringement by national and state government power.
This brings us to the “Public trust doctrine” the principle that holds in trust for public use some resources such as shoreline between the high and low tide lines, regardless of private property ownership. Under the circumstances the present day problem regarding Non-meandering waters is due to excessive flooding from “Meandering” waters onto private property. The question is, “Does the government have the right to use or take possession/control of waters that overlay private property without consent or compensation to the landowner? Under this specific legislation the committee tried hard to walk a fine line NOT to infringe on the right of landowners, but fell short in securing the individual rights of landowners to be the ultimate decision maker. Instead they gave the power back to the GFP board (unelected board) that’s appointed at the discretion of the Governor to make decision regarding landowner’s rights guaranteed under the US Constitution. I can’t in good conscience ignore the fact as a legislative body we’re relinquishing the powers invested to us by the voters to protect the rights of private property owners.
In regards to our Governor, the Supreme Court did not direct him to close public access to lakes. He made that decision alone.
Representative May brings the real issue front and center. Let’s hope the South Dakota Legislature preserves and protects the Constitutional rights of private property owners.
***Gordon Howie is an author and CEO of Life and Liberty Media***
“It’s not about right or left, it’s about Right or Wrong.”
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