Showing posts with label land rights. Show all posts
Showing posts with label land rights. Show all posts

Monday, September 26, 2011

Is Your Choice Of Food A Fundamental Right?

(If you don't think what you put in your body has a direct effect on your health and how you feel, and how long you live a healthy life, then you haven't paid attention. Your health depends on the food you eat, not the drugs you take when you are sick. In extreme emergencies, drugs are necessary, but are not meant to be taken for long periods of time. When people want to take control over growing and managing the food they eat, turns out it's not so simple. The law works against us.--jef)

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You grow a garden; you expect to be able to harvest the food from that garden and eat it.

You raise a cow; you expect to be able to milk that cow and consume the milk. You raise chickens; you expect to gather eggs and eat them. It’s uncomplicated, simple, a fundamental right. Perhaps you wouldn’t feel this way if you lived under some other form of government, but here, now, in America and other democratized countries, this is what you expect.

According to Wisconsin Judge Patrick J. Fiedler, you do not have a fundamental right to consume the food you grow or own or raise. The Farm To Consumer Legal Defense Fund, the pioneers in defending food sovereignty and freedom, recently argued before Judge Fiedler that you and I have a constitutional right to consume the foods of our choice.

Judge Fiedler saw no merit to the argument and ruled against the FTCLDF. When they asked him to clarify his statement, these were his words:

“no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;”
“no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;”
“no, Plaintiffs do not have a fundamental right to produce and consume the foods of their choice…”
(source)
Talk about hammering a point home.

Sometimes I think I’ve woken up in a surreal alternate reality. I was raised in a patriotic glow where the right to “life, liberty, and the pursuit of happiness” was a well-defined, well-reasoned expectation. America is the “land of the free.” I do not think this means what I once thought it meant, particularly if we have no fundamental right to drink the milk from our own cows.

Constitutional law is not my thing, but perhaps it should be. That way I could develop a more cogent argument against the likes of Judge Fielder. As it is, I simply say, “But what of liberty? What of privacy? What of the right to do with my body and my property what I see fit, so long as I do no harm to others?”

How is it that I could have lived this long, and assumed that I had a right to eat the foods of my choosing?

I know how. It is our collective experience. In our day to day experience, we choose. In our day to day experience, we sow a garden and we harvest its fruit. In our day to day experience, we feed and milk our cows. In our day to day experience, we visit our local farms and buy foods from people we trust. In our day to day experience, we walk down the aisles of our grocery stores, and we choose. In our day to day experience, we open our pantry doors, let imaginary flavors roll over our tongues, and we choose.

We choose. We choose. We choose.

It’s like breathing. It is so common an experience, so personal, so much a part of our everyday existence, that I had (silly me!) come to assume that it was a fundamental right.

I certainly act like it is. And is that not, in the end, the measure of what is true? Is not truth that which matches our experience, that which is in accordance with reality?

If so, then food freedom and food sovereignty can’t be so casually stripped away, even by zealous judges.

Sunday, July 11, 2010

Eminent Domain

We're All Indians Now
William N. Grigg

Prior to the closing of the frontier in 1890, "Manifest Destiny" was the incantation used by the government when it gave itself permission to steal property it coveted. Today, the preferred conjuration is "eminent domain."

The phrase "eminent domain"reflects an assumption Karl Marx would find congenial: government is the default owner of everything, and that private ownership, however extensive, is merely a contingent arrangement.

Seizure of property through eminent domain is facilitated by one of several Hamiltonian-mercantilist Easter eggs covertly embedded in the Constitution -- specifically, the Fifth Amendment provision specifying that private property can be taken for "public use" when the government offers what it considers "just compensation."

The familiar civics class platitude describes this provision as necessary for the construction of bridges, hospitals, and other amenities that are supposedly "public goods" only government can provide. The inescapable reality is that eminent domain is a particularly vulgar form of plunder used to enrich the political class and their corporate cronies at the expense of the rest of us.

In his recent book Government Pirates (which is a useful read despite its tautological title), former real estate developer Don Corace offers a concise description of eminent domain operated prior to the onset of the current depression:
"Arrogant and corrupt city and county official -- with near limitless legal budgets ... align themselves with well-heeled developers,  political cronies, and major corporations to prey on the politically less powerful and disenfranchised, particularly minority communities."
Owing to ongoing economic collapse, municipal and county governments no longer command "limitless" budgets for any purpose. They still wield the power of eminent domain, and still have large constituencies of parasites to tend -- and with real estate values bottoming out, the temptation to seize property at a vastly reduced "fair market price" may be irresistible. This is already being done by the government afflicting the State of Illinois, a junta legendary for its corruption.
In recent weeks, the Illinois state government has begun the legal process of seizing a huge amount private property in and around Peotone, a small town in Will County, about forty miles south of Chicago. The land is being taken for the supposed purpose of building a third Chicago-area airport to complement O'Hare and Midway -- a project that has been discussed, studied, and debated since 1968. 

The proposed "South Suburban Airport" -- which would be three times the size of O'Hare International --  is impractical, unwanted, and unnecessary. It doesn't enjoy the support of any major airline or the approval of the FAA. 

Congestion at O'Hare is often cited as a rationale for a third airport. However, last year, O'Hare's traffic rate was the lowest it had been in 15 years -- a trend that will continue, given the ongoing economic contraction and the ongoing expansion of the nearby international airport in Gary, Indiana. 

Expanding the small international airport in depressed Rockford would provide additional runway space at a fraction of what would be spent on a third Chicago-area airport. But this would deprive the state's patronage pimps of an opportunity to lavish plundered wealth on their favored constituents. 

In the circulatory system of graft that sustains the "pay to play" political system in Illinois, the state department of transportation (IDOT) is the aorta. Last September, IDOT announced that it was filing condemnation suits against the owners of three parcels of land in the proposed Peotone airport site. This was done despite the fact that there is no existing plan to build an airport, and the proposal has not been approved by the FAA. 

Referring to the lawsuits, Susan Shea, IDOT's commissarina for aeronautics matters, declared: "It sends a message, a clear message." 

"It certainly does send a message," wrote local activist and sometime state legislative candidate George Ochsenfeld. "Our out-of-control government will use intimidation tactics to frighten citizens into giving up their property prior to being able to take it `legally.'"

Willis and Vivian Bramstaedt received Shea's "message" last April, in the form of a piece of paper disfigured with official graffiti announcing that the state government intended to take the land they have farmed since the 1950s.

"Our schools are failing, our health system is falling apart, the state is out of money, and this is what they're doing?" exclaims 72-year-old Vivian. 


"They" -- the corporatist interests served by the Illinois political class -- are moving as quickly as possible to condemn land around Peotone in order to capitalize on the town's depressed property values. 

Commissarina admits as much, commenting to the Chicago Tribune that (as paraphrased by the paper) "the timing couldn't be better for the state" to carry out condemnation efforts, now that "land values [are] in a historic slump."

When IDOT announced its intention to seize the Bramstaedts' land last April, they offered $9,500 an acre for roughly half of the family's 160-acre corn and soybean farm. This was "50 percent less than waht the state purchased neighboring land for two years ago and a quarter of the price some land sold for when a private company bought parcels there to build an intermodal site in 2006," notes the Tribune

Four Peotone-area condemnation cases are already working their way through the court system. Unless the land owners are successful in getting the cases dismissed outright, they will face a lengthy, protracted legal struggle in which their opponent -- the criminal junta dominating Springfield and Chicago -- will use money extorted from them as taxes to underwrite the effort to drive them from their land. 

What distinguishes the Peotone Landgrab from others like it is the fact that the underlying project is a palpable fraud.
 
"The irony is that the Peotone airport has never been deader," contents George Ochsenfeld. "There is no funding for building the airport or for the massive infrastructure -- roads, water, sewer, etc. All major airlines have said that they will not use Peotone." 

The most recently coined rationale is that the facility would be a cargo airport, but this would also be gratuitous, Ochsenfeld observes: "O'Hare is adding 750,000 square feet of cargo space and 18 additional parking spaces for freighter aircraft." (That expansion project, predictably, has become bogged down in graft and cost-overruns, prompting Mayor Daley to request a $15 billion federal bailout.) D.C. Velocity, an aviation trade journal, asked Gary Schultheis, vice president of air freight, North America for Deutsche Post DHL if another Chicago-area cargo airport is necessary. "Not really," he replied.

Dan Muscatello, managing director of cargo and logistics for Landrum & Brown -- a Cincinnati-based airport development firm -- told D.C. Velocity that the proposed Peotone cargo airport would find it very difficult to persuade airlines and freight companies to "pull up stakes and move down the road. He also believes that international airlines with all-cargo operations would be reluctant to divide their passenger and cargo flights between two airports. And it shouldn't be forgotten that both passenger and cargo volume will continue to decline as the economic slump deepens and accelerates.

But it shouldn't be forgotten that the airport is merely a pretext -- and that seizing the land at a pittance is the point of the whole exercise. 

"Since the late 1980s, Illinois officials and their agents have tried every available means to push a huge public works project to fruition, with a keen eye toward ensuring their own political futures and continuing [the] cycle of self-enrichment," relates Peotone resident Carol Henrichs, former editor of the Peotone Vedette and long-time critic of the airport project.  

"Tax dollars have funded a multitude of government lobbyists who make regular trips to Washington, D.C. and Springfield ... to guarantee that despite its inability to gain traction of its own, this is the project that will not die," Henrichs continues. "Airport supporters have left tracks on campaign contribution lists and at political fundraisers for years."

The Peotone project "is the most `studied' airport project in America," explains Henrichs. "The word `study' intimates an investigation into factual learning. It is more accurate to say that reports have been written and rewritten -- massaged until they at least meet minimal federal requirements." 


Between 1985 and 2002, three successive Republican state administrations in Illinois spent more than $100 million on "studies"; it has been an inexhaustible well of "study money." This liturgical exercise in public graft began as a Republican project, but also attracted the interest of Jesse Jackson, Jr. and Tony Rezko, Barack Obama's imprisoned pay-for-play patron.

In March 2003, Chicago Mayor Richard M. Daley, one of the most adept practitioners of Chicago-style civic Keynesianism, dispatched bulldozers in the middle of the night to tear up a runway at Meigs Field, a 55-year-old commuter airport in the center of Chicago.

Daley insisted that destroying the runway -- for which his administration later was hit with an FAA fine and required to pay back $1,000,000 in misappropriated airport funds -- was a counter-terrorism measure, since Meigs was a general aviation facility "a second's flight time" from the supposedly imperiled Sears Tower. "We did it for public safety," maintained Daley after bulldozers had gouged out the runway.

This was a risibly transparent pretext. Daley's midnight airport raid was carried out in the interest of a separate landgrab: He and his cronies had targeted the property to build a park, another highly lucrative civil engineering project.

"Yes, I do want a park at Meigs Field," Daley admitted after the runway had been reduced to rubble. This was a dual-purpose demolition: In addition to clearing the way for a park, it was broadly comparable to New Deal-era initiatives intended to create artificial scarcity by plowing under crops -- or, in this case, runways. All the better to create a "need" to build the much-discussed third airport -- seizing as much land as "necessary" to do so.

Even though the money for pork-laden public works projects may soon evaporate, the Peotone Landgrab will leave the political class in possession of thousands of acres of prime farmland -- which, as Jim Rogers points out, may soon be the most valuable commodity on the planet.

There's nothing going on here that would be unfamiliar to a Lakota Indian facing expropriation in the late 1880s. And there's every reason to believe that the Peotone Landgrab -- if it's successful -- would be a template for similar acts of official larceny wherever fertile tracts can be seized by the political class at depressed "fair market value."