Our "Bundle of Rights" are being eroded

By
Real Estate Broker/Owner with Mackintosh REALTORS 82894
One of the first lessons a student is taught before they can become a REALTOR® is the definition of "Bundle of Rights". When purchasing real estate you receive the right of possession, control, exclusion, enjoyment/profit, and disposition.
 
 
Property rights are protected by the constitution but are also subject to statutory codes determined by individual States. The land use decision and planning process entails a delicate balancing of interests. The decision makers need to consider significant impacts and alternative mitigation measures.
Currently, the Frederick County Planning Commission draft of the Sugarloaf Treasured Landscape Management Plan is out of step with and unrepresentative of the Livable Frederick Master Plan. The local government planners have seemly abandoned the notion of balance and placed its thumb heavily on the scales in favor of their objectives while giving short shrift and little credence to the regard of the property owners in maintaining their own property interests.
 
 
A major regulatory overreach in the draft plan proposes to rezone parts of 125 parcels from Agriculture to Resource Conservation which will harm the use and values of the affected properties. It is also shocking that one of the significant justifications for this zoning change is Environmental Significant Areas, (ESA), which are defined by (MDE) Maryland Department of the Environment with words, such as, imprecise, generalized, and hypothetical. On the Frederick County Government website, it states in the Ecological Environment report pg. 5-2 " ESA .... are not to be used in any type of regulatory means either by the Counties or the State."
MDE has also stated ESA maps are not to be published to the public and are only available upon request.
 
The plan also proposes a restrictive overlay on nearly 20,000 acres and a majority of the properties resembling a homeowners association with unnecessary stringent regulations. This would have a devastating impact on many residents, farmers, and longtime Frederick County establishments, such as: 
Stronghold Inc., the storied non-profit owner that has preserved Sugarloaf Mountain, Lily Pons Water Gardens, and The Maryland Horse Trials at Loch Moy Farm. The overlay removes all grandfathered uses and the stringent restrictions will affect how these property owners and establishments can operate.
 
 
The planners and individuals in favor of the proposed stringent regulations and changes have blurred the lines and falsely claim that the current layers of regulations, agriculture, and resource conservation zoning in place will not preserve the area. When in fact this area is the least developed region in Frederick County and the last development built happened in the 1970s. This supports the fact the current zoning and layers of regulations are working to preserve the area.
 
Those of us who study history are aware that one of Karl Marx's steps on his path to utopia was the abolition of private property. His path included free education; centralized, and controlled mass communications; and a move to put businesses in the hands of the State for the good of society.
Contrast that to the philosophy of one of the founding Fathers of the United States, James Madison: It "is not a just government .... where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest."
 
Bit by bit our property rights are being eroded via arbitrary seizure for the good of society.
 
 
If you own property in Frederick County NOW IS THE TIME TO SPEAK UP before the STLMP sets a precedent for other area plans that will becoming to your neighborhood soon! 

Comments (22)

Eileen Burns
Trans State Commercial RE Ft. Lauderdale/Miami/Palm Beach - Fort Lauderdale, FL
FLorida Real Estate Connector

I agree a storm is brewing Buzz Mackintosh not only property rights but the diminished rights of farmers as the government restricts delivery or fertilizer, diesel fuels to operate the farms, manufacturers and let's not forget our monetary system which should be back by gold.

Jul 14, 2022 10:51 AM
Anna Banana Kruchten CRS, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Wow another sign that big government is trying to erode the peoples rights.  I hope that the Livable Frederick Coalition makes ground way and stops this insanity. We all must stand up for our rights in every way - it is our right.

Jul 14, 2022 11:14 AM
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

We are seeing the same in Oregon where unelected bureaucrats are writing policy that impacts private property rights. The people have to stand up to this and get them to back down before it is too late. 

Jul 14, 2022 12:09 PM
Buzz Mackintosh

  Lynnea Miller in my opinion the Planning Commission , Commissioners who ignored the tax paying citizens who commented and testified about their property values should resign. They are not properly representing the citizens of Frederick County or doing the job they were" appointed" to do !!

Jul 15, 2022 04:38 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Buzz- it saddens me that I see our beautiful country moving away from what this country was built on. Too much government intervention and insertion into an individual's rights.  Some are too eager to give to those who have not worked for anything to those who have worked hard for what they have. The victims are the thugs and you and I are to be ashamed for anything we say or have. 

Best of luck to the Livable Frederick Coalition!!!!  Please keep us informed. 

Jul 14, 2022 06:39 PM
Buzz Mackintosh

  Kathy Streib exactly what James Madison points out in his writings!

Jul 15, 2022 03:39 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

I see a lot of changes in policy going on here in the Greater Sacramento Region too.  For example, a push to increase density. I suspect it's so they can increase property tax base by cramming more units to the acre.  Existing homes that have been single family for decades, are being pushed to allow a second structure on their lot.  In one way this can be of benefit when building a "granny shack" or something of this nature.  But, overall, I think it's all about increasing property tax base.

Jul 14, 2022 11:05 PM
Buzz Mackintosh

Myrl Jeffcoat a 3rd generation 25 acre farm owner will no longer be able to use 3 acres of her farm that is currently fenced for cows to graze. She asked the county how this would impact her property taxes. The reply. " They will stay the same". So, the county will be restricting her from using 3 acres of her farm, not compensate her for it and not lower her taxes!

Jul 15, 2022 03:34 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

CONGRATULATIONS Buzz, on having this blog FEATURED in the Old Farts Club group!  

Jul 14, 2022 11:10 PM
Brian England
Arizona Focus Realty - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

The one thing that I have learned about rights is that we have them until the powers that be decide that we don't and there isn't much we can do about it, haha.

Jul 15, 2022 04:47 AM
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

I am very concerned about anything that hurts existing property owners, and specifically regarding farmers. There are too many issues impacting the food chain right now and doing anything that puts farmers out of business is a very very bad idea.

Jul 15, 2022 05:26 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Hi Buzz... I can only hope that this post gets some serious attention in Frederick and that more residents join this coalition and make their voices hears. These days it seems that government (local to national) is finding ways to impinge on many of our rights, not just property rights.

Jul 15, 2022 05:36 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Buzz Mackintosh Thanks for the call today. I will plan to listen to your guest appearance on the radio this coming Saturday. Radio station 930AM between 11 and 12.

Jul 15, 2022 12:08 PM
Buzz Mackintosh

Margaret Rome Baltimore 410-530-2400 Actually I will be on the WFMD AM 930 Your Frederick Real Estate update radio show on Saturday 7/23 at 11 AM

Jul 15, 2022 02:59 PM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Jul 16, 2022 06:35 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Hi Buzz - I really do hope people head your call to action.  Loss of liberty is only one generation away and there seems to be over reach in many areas.

Jul 17, 2022 04:19 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Buzz,

What a great post! I'm so glad that Kathy Streib featured it in her "Ah-H" moments for the week!  You are exactly right "Bit by bit our property rights are being eroded via arbitrary seizure for the good of society." It saddens me that our beautiful country is moving away from what this country was built on with the trend of government overreach growing with no relief in sight. 

Jul 17, 2022 06:11 AM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA
Realtor

I am sorry to hear this is happening in your area.  The erosion of property rights (and personal rights) here in California is the main reason we are leaving the state.  Our CA politicians no longer respect our rights and many openly mock them.  It really is a sad time.

Jul 17, 2022 07:24 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Buzz. Every time people in government exceed their role, litigation attorneys give thanks as their coffers are about to get bigger. In the end the citizens lose even though they will claim victory. Enjoy your day.

Jul 17, 2022 08:42 AM
Leanne Smith
Dirt Road Real Estate - Golden Valley, AZ
Relocation to NW AZ with elbow room & more freedom

What so many fail to understand is to read the Constitution which clearly states what "land" the federal government can legally own.  The National Parks where created unconstitutionally but everyone went along with it.  BLM is another unconstitutional entity.

Jul 17, 2022 09:20 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate Brokered by Real - St. George, UT
St. George Utah Area Residential Sales Agent

Citizens can fight back Buzz! There was a 20-acre RV park planned to go in one road over from our house, it was quickly passed through. That would have devastated our little community and benefitted two families, the landowners. Only one resident was notified and he immediately went down to the County to protest. Word spread quickly and everyone got involved. It got ugly too! Both sides had to get an attorney, thankfully, those against that development, had a better one and it was shot down! The government seems to think they can do whatever they want, even if it is trampling on our rights!

Jul 17, 2022 09:46 AM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Hi Buzz,

Keep up the good fight.  Each area has its issues. In Sedona, tourism is a major challenge bringing issues with housing and traffic.  We have to do what we can to make our lives in our community better.

Jul 17, 2022 06:50 PM
Kris Collis, Associate Broker
Smart Way America Realty - East Stroudsburg, PA
Professional Results you Expect 570-801-5525

Buzz, thank you for bringing up another example of govt meddling and overreach outside the law. The land is lovely and may all concerned step up to stop this whatever it takes, sounds like court action.

Jul 18, 2022 12:05 AM
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

What a wonderful (but, sad) PSA, Buzz. Never give up this fight. It seems we are all fighting government for something - the overreach has truly gotten out of hand. 

I wish you well recruiting others to follow your lead and overturn this ridiculous plan together.

Jul 18, 2022 10:03 PM