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LETTER: For owners facing condemnation property seizures Big government projects do not build a local economy. Big government buildings, monuments to our politician's greatness, are like ticks (parasites) on a hound dog. - ED PIPALSKI Dear Editor: I am writing to sympathize with the property owners facing the potential seizure of their homes and businesses under condemnation proceedings, (eminent domain) in Adair and Taylor Counties for the advancement of big political careers. Do any of these projects directly fulfill one of the four purposes of government: the people's Peace, Safety, Happiness, and the Protection of Property (Kentucky Constitution, Section 4? If not a direct fulfillment of the four purposes, government has no mandate for being involved. You have heard the daily political bragging of candidates about "bringing home the bacon" or is it "feeding at the trough"? Where are your candidates on these issues? Is it to be that our elections are relegated to the best candidate at indirect buying of votes through governmental spending or are there principles of governance we choose to live by? Big government projects do not build a local economy. Big government buildings, monuments to our politician's greatness, are like ticks (parasites) on a hound dog. Initially it's just a free ride, but then they start to gorge on the host's life's blood (the local economy). A government building's yearly costs such as: operations and maintenance or the furnishing of lavish offices to show the stature of political office holders; suck like a vacuum, tax dollars into the abyss. Not one new dollar will be created to stir the economy just the taxing of dollars already created by others. Contracts, awarded locally, just force one local business to subsidize their competitor's business (redistribution of wealth). In Kentucky, both business and farm operations receive no compensation for injury due to the loss of business or the loss of ones livelihood due to artificial governmental interference upon the natural course of economic development. Taxation does not stir economies! Tax incentives only delay the gorging of the "tick" on one business while doubling the "feast" on another. The legislature has tried very hard to eliminate politics (the people's business) from the process of condemnation through the Kentucky Revised Statutes (KRS). A quick study of U.S. Supreme Court opinions will show that the, judiciary is no place for these matters to be settled as they are political matters. Keep in mind, a federal court judge is appointed for their lifetime unlike our state's court judges who are elected by the people. Kentucky, however limits the judiciary by statute, solely to the question of the right of the petitioner to condemn the property sought to be condemned, KRS 416.600. The legislature gives complete discretion for private property seizure for road projects to the Transportation Cabinet who are "protected not elected" merit system employees. This keeps the electorate (voters) from placing blame and responsibility on our elected representatives and provides plausible denial in the form of an excuse, "it's those darn civil engineers" leaving no accountability to the public. Merit system protections are designed to keep elected officials from firing state employees based on electoral outcome. The resulting problem, "protectionism; creates an "arbitrary and absolute power" which is neither responsive nor accountable to either elected representatives or the people. This is also strictly prohibited under the Kentucky Constitution, Section 2. More importantly in regards to the legislature, under the Kentucky Constitution, Section 13, "nor shall any man's property be taken or applied to public use without the consent of his representatives! Currently, State Representative Mobley is common to both Adair and Taylor counties.The Constitution outweighs any Statute and places the final decision squarely on the shoulders of our State Representative and State Senator whom have the final say as to the seizure of private property. This little known, even by attorneys, and seldom used caveat may bring back the "Republican Principle" (meaning elected representatives) embodied in the writings of James Madison in Federalist #10 in his persuasive letter to the people of New York seeking to ratify the then newly created U.S. Constitution. A Republican form of government is guaranteed under Article 4, Section 4, U.S. Constitution and Kentucky Constitution, Section 2. Having a degree in civil engineering and being an employee of the state does not entitle one to single-handedly decide when the government will betray the purpose for which it was given authority and instituted for by the people which is: for their peace, safety, happiness, and the protection of property (Kentucky Constitution, Section 4). A state does not have "Rights" only authority granted by the people (governed). The state is supposed to be the champion of the people's rights; to protect the weak, sick and infirmed. The state is supposed to protect us from those who would prey upon the law abiding; to prevent anarchy, totalitarianism, fascism, and tyranny. With so much at stake, one's life, liberty and property, can we really empower a sole state employee to that decision without the separation of powers, checks and balances embedded into the framework of our Republic? The empowerment of "protected not elected" persons to decide when and where the state will betray one of its purposes for being: the protection of property, creates a dictatorship in our government. The last time I checked, bureaucracy is not a branch of government. Our elected representatives in government can take private property for public use under our state constitution, both executive and legislative branches of government must agree and a judicial review finalizes the seizure, however, "Due Process" does not end there. Contrary to popular belief, in our Republic, the people finalize the process either by validating or repudiating their elected representative's decisions at the ballot box in the subsequent election cycle.There are alternative and less intrusive measures that could be taken by the Transportation Cabinet in our case, however we were not afforded a public hearing and the cabinet refused to participate in a private meeting with us and our elected representatives to discuss the alternatives. The entirety of the project will remain contained within the existing rights-of-way invalidating the cabinet's purported necessity for expansion of right of way. Our elected representative's decisions in both the legislature and judiciary will be remembered during the next election cycle, yet our "protected not elected" Transportation Cabinet employees will remain in power held accountable only to themselves regardless of the electoral outcome. I for one, will require that my state representatives give their consent or not, for public record, during the judicial process. I found it totally amazing how fast and with such a flurry press statements came to proclaim how hard our representatives had worked for us; publicly announcing all the moneys that would be "brought in to the county." They were announced only in general and non-specific terms without scrutiny by press or public. Transportation Cabinet officials come in like Robin Hood redistributing wealth from the rich to give to the poor, but refuse to allow cross examination, questioning or public scrutiny to their plans. All the while, our Ad-Valorum Road Use Taxes; a bore to the legislature as it can not by-law, reapportion it, gets spent with little or no oversight. I truly believe the state roads in Kentucky could be paved in platinum and the Transportation Cabinet would still seek more Ad-Valorum Tax and never return a dime to taxpayers. The tax money will be spent regardless of need. Nobody in a community complains about multi-million dollar investment in their community if the question is framed in that manner; however the devil is in the details and details are seldom announced with the same zealousness as the homecoming of the cash cow. I pray this letter will provide some insightful assistance to the electorate on the nature of Big Government and its candidates and give hope to those who seek only to exercise their right to keep their property. My vote is on your side, not governments that choose to abuse power by forcing unwilling sellers then fail to justly compensate for injury as a result of lost business and livelihood. Sincerely, Edward E. Pipalski Jr. 1911 Russell Springs Road Columbia, KY 42728 270-385-9166 This story was posted on 2006-11-02 03:36:38
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