Information added on November 10, 2010 ANNUAL CONFERENCES
Fifteenth Annual National Conference on Private Property Rights ~Protect Freedom & A Way of Life ~
Community Survival & Prosperity in Rural & Urban America
October 29, 2011PHOTO GALLERIES
Order CDs of Entire Event or Access Downloads
Welcome
Opening Address
The American Frontier & Private Property Rights: A Personal Journey - By Jigs Gardner, Farmer and Writer Essex, New York, Fifteenth Annual National Conference on Private Property Rights (PRFA, Latham, N.Y., October 29, 2011)
Jigs Gardner found in historical differences the explanation for the contrast between the proud self-reliance of Americans and the dependency on government of Canadians in Nova Scotia, where he moved from Vermont with his wife Jo Ann to establish a farm in 1970.Morning Address
Morning Panel
- Robert LoScalzo, Joseph Ardizzone, & Irene Prestigiacomo, Willets Point United, Willets Point, Queens County, N.Y.
Eminent Domain: Willets Point-A Unique Community Stands Against the City of New York.
The City of New Yorks Harassment of Willets Points Landowners and Tenants - by Irene Prestigiacomo
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Update on Olana Albert L. Wassenhove, Civic Leader Ghent, N.Y.
Presentation of Awards Keynote Address
Preserving Rural Communities and the Hunting & Agricultural Heritage
The Truth about Wolf Reintroduction by Will N. Graves, Author and International Expert, Millersville, Maryland.
Afternoon Panel
Environmentally Sound Energy for the FutureIntroduction by Ms. LaGrasse
Pros and Cons of Marcellus Shale by Mike Miller, P.E., Petroleum Engineer, Sr. Vice President, Oil & Gas Division, Marshall Miller and Associates, Kingsport, Tennessee.
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Wind Energy Facts by Jonathan P. Knauth, P.E., Engineering-Management Consultant, Sauquoit, N.Y.
Third Annual Circle of Ideas
- Moderated by: Jonathan P. Knauth, P.E., Engineering-Management, Sauquoit, N.Y., with Michael Hardiman of Hardiman Consulting, and Albert L. Wassenhove, Civic leader, Ghent, N.Y and Ms. LaGrasse
- Defending the Future of Communities & Culture
Speakers, Attendees, & ModeratorsClosing Address
View of Lake George from Holiday Inn Resort lobby
Fourteenth Annual National Conference on Private Property Rights~ Removal and Resistance ~
How Rural & Urban People
Are Fighting Enviro-preservationists & Big Government
To Keep
Their Homes, Businesses, Communities, & Rights to the Land
October 23, 2010READ FULL CONFERENCE REPORT
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PHOTO GALLERIES 1 2
Awards
Selected speeches will be posted as they are transcribed
Order CDs of Entire Event or Access Downloads
Welcome
Facing the Facts-Making a Path to the Future: Removal and Resistance Across the Land - Welcome by Carol W. LaGrasse, President, Property Rights Foundation of America, Inc., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
The conferences difficult theme, Removal and Resistance: How Rural and Urban People are Fighting Enviro-preservationists and Big Government to Keep Their Homes, Businesses, Communities, and Rights to the Land, stems from the nationwide pattern of environmental campaigns to eliminate people from rural land and big governments free-wheeling eviction of whole neighborhoods of urban people by using eminent domain and subtly using regulations to force traditional property owners to move away. To understand is the first step in the battle.
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Opening Address
Eminent Domain Principles & Property Rights - By Roger Pilon, Ph.D., J.D., Vice President for Legal Studies, B. Kenneth Simon Chair in Constitutional Studies, & Director of the Center for Constitutional Studies at Cato Institute, Washington, D.C., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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Morning Panel - Eminent Domain, as Seen from the Land
Five Years Later - The Local Aftermath of Kelo
- By Michael Cristofaro, Waterford, Connecticut, U.S. Supreme Court Plaintiff in Kelo vs. New London, Speech to the Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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A Panel of Members of Willets Point United, Queens County, N.Y.
How an Alliance of Small Businesses is Fighting New York Citys Eminent Domain Joseph Ardizzone, Irene Prestigiacomo and Robert LoScalzo, Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech descriptionsMorning Addresses
Todays Zoning vs. Historic Businesses & Homeowners in Upstate New York - By John S. Marwell, Esq., Founding Member, Shamberg Marwell Davis & Hollis, P.C., Mt. Kisco, N.Y. Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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The Practical Difficulties of Land Use & Building Regulations - By James E. Morgan, Esq., Galvin and Morgan, Delmar, N.Y., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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Keynote Address
A National Pattern: Historic Oil & Gas Producers in
Allegany National Forest Head Off Environmental Litigators - Keynote Address by William Perry Pendley, Esq., President and Chief Legal Officer, Mountain States Legal Foundation, Lakewood, Colorado; Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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Afternoon Addresses - Effects of Environmental Preservation on the Future of Rural Communities
The Unified Meaning of Wildlands & Federal River Corridors - By Bonner R. Cohen, Senior Fellow, The National Center for Public Policy Research, Washington, D.C., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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Afternoon Panel - Real Issues: Land, Tax Base & Access
Tax Base in the Adirondack Park - by Peter J. LaGrasse, B.S., B.A., Chairman, Board of Assessors, Town of Stony Creek, N.Y (Speech presented at the Fourteenth Annual National Conference on Private Property Rights, Lake George, N.Y., October 23, 2010).
An examination of real property tax trends and local town revenue streams from many sources reveals the extent to which the tax base is volatile, subject to changes in economic activity, or state or federal policies. Dating to policies traced back to 1885, the state-owned-land portion of the tax base, which amounts to 50.15% of Stony Creeks tax base, is vulnerable to political decisions, which could ultimately precipitate the full implementation of the Biosphere Reserve and depopulate the Adirondacks.
Update on APA/DEC Disregard for Court-ordered Access Policy - By Ted Galusha, President, Adirondackers for Access, Warrensburg, N.Y., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
The State Environmental Conservation Law says, All lands in the Adirondack Park now owned or which may hereafter be acquired by the state, shall be forever reserved and maintained for the free use of all the people. But the state circumvents the law. Anyone can become disabled in an instant, but shouldnt lose the right to enjoy the state land in the Adirondacks.
The Continuing Battle Against DEC to Keep a Town Highway - By James McCulley, President, Lake Placid Snowmobile Club, Lake Placid, N.Y., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Speech description
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DECs Unnoticed New Strategic Plan for the State Forests - By Susan Allen, Publisher & Editor, Adirondack Park Agency Reporter, Keene Valley, N.Y., Fourteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 23, 2010)
Unnoticed by the general public and with very few public hearings, in September DEC issued (on website and CD only) a new 500-plus-page strategic plan for the 786,000-acre state holdings in 442 forests outside the Adirondack and Catskill Forest Preserves, changing the emphasis on management from productive timber harvest to protecting ecosystems, etc. Practical details related to this plan include that environmental groups have been lobbying to manage several state forests in Saratoga County as Forest Preserve.
Speech description
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Closing Address:
Seeing Through the Hype - Ron Arnold, Executive Vice President, Center for Defense of Free Enterprise, Bellevue, Washington.
Using the example of the Adirondack Council, the nations foremost opposition expert on the environmental groups discussed the use of his website to ascertain the individual members of the board of directors and link to other information about them. He compared how the environmental present themselves and how their intentions could be analyzed.
Speech description
View of Lake George from Holiday Inn Turf
Thirteenth Annual National Conference on Private Property Rights
The Adirondack Park:
The Idea, The Experience, The Future
October 17, 2009Read Full Conference Report
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PHOTO GALLERY
Selected Speeches Posted
Order CDs of Entire Event or Access Downloads
Welcome
The Adirondack Park Agency Idea - By Carol W. LaGrasse, President, Property Rights Foundation of America, Inc., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
The idea of the Forest Preserve changed from one of protection of the forest in the late nineteenth century to assure a benefit to the state as a whole (primarily the protection of the flow of water to assure commercial navigation on the Erie Canal and the Hudson River) while extending fair policy to the local people, to the current state policy of radical preservation, massive state land acquisition, and a systematic program to cause the depopulation of the local people in a vast region many times the size of the original Forest Preserve.
Full Speech Posted
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Special Address
The Meaning of the Champlain-Adirondack Biosphere Reserve - By Peter J. LaGrasse, Chairman, Stony Creek Board of Assessors, Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
The meaning of the Champlain-Adirondack Biosphere Reserve is made clear by a study of the technical literature of proponents and a map study of the state acquisition of land in the Adirondacks since the designation in 1989. The core area, reserved to be without human influence, is defined as all of the state-owned land. The areas between the state-owned land in 1989 are rapidly being filled in with fee simple state acquisitions and state purchases of conservation easements. The Biosphere Reserve designation, which is under UNESCO auspices, is at the heart of the goal to depopulate the region.
Full Speech PostedMorning Addresses
The Takings Clause and Tony DElias Dream, - By Sam Kazman, Esq., Senior Counsel, Competitive Enterprise Institute, Washington, D.C., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Speech Summary Posted
Challenging Overzealous Zoning - By John S. Marwell, Esq., Founding Member, Shamberg Marwell Davis & Hollis, P.C., Mt. Kisco, N.Y.
Speech Summary Posted
Morning Panel National and International Connections
U.N. World Heritage Sites - By Casey Hammond, Legislative Staffer, U.S. House of Representatives, Natural Resources Committee, Subcommittee on National Parks, Forests, and Public Lands, Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Speech Summary Posted
- R.J. Smith had to cancel at the last minute because of illness. Carol LaGrasse presented background on the influence of the Adirondack Park on the beginning of National Heritage Areas and Sam Kazman gave a humerous but serious extemporaneous talk Car Free Day in the Adirondacks, which was about carbon emission regulation possibilities.
The Biosphere Reserve in Action: Adirondack International Connection - By Howard Aubin, Member, Black Brook Town Board, Au Sable Forks, N.Y., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Speech Summary PostedAfternoon Addresses Implications of Adirondack Legal Issues
Confronting APA Legislation by Regulation - By Dennis J. Phillips, Esq., Principle, McPhillips, Fitzgerald & Cullum, LLP, Glens Falls, N.Y., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Speech Summary Posted
Conservation Easements and the Adirondacks - By James E. Morgan, Esq., Galvin and Morgan, Delmar, N.Y., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Speech Summary Posted
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Grassroots Afternoon Panel Adirondack Land & Access Issues
Hunting Impact of Land Acquisition - By Susan Allen, Publisher & Editor, Adirondack Park Agency Reporter, Keene Valley, N.Y.
Full Speech Posted
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- The APAs Racketeering - By Howard Aubin, Member, Black Brook Town Board, Au Sable Forks, N.Y., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Speech Summary Posted
Righting the APA/DEC Access Policy - By Ted Galusha, President, Adirondackers for Access, Warrensburg, N.Y., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
In 1998, Ted Galusha and other disabled individuals filed suit in federal court and immediately won an injunction opening the roads, trails and areas that the DEC officers drove on to access the Adirondack Forest Preserve and illegally arrested them on for using motorized vehicles. After three years of fighting in court, they had a consent decree, signed by the judge as a court order on July 5, 2001. This speech is a heart-rending litany of the myriad ways that the state has chosen not to comply with much of the consent decree and the Americans with Disabilities Act.
Full Speech Posted
Victory: Old Mountain Road Opened to Motor Vehicles - By James McCulley, President, Lake Placid Snowmobile Club, Lake Placid, N.Y., Thirteenth Annual National Conference on Private Property Rights (PRFA, Lake George, N.Y., October 17, 2009)
Jim McCulleys first-hand account of his successful battle to restore motorized use to Old Mountain Road between Keene and Lake Placid brings the entire history to life. This is the first time DEC has been forced in court, both in the Essex County Supreme Court and in the DEC Administrative Court, to open up a town road that the agency tried to close.
Full Speech Posted
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Circle of Ideas
The Future of the Adirondacks
Speakers, Attendees, & Moderators
Moderated by Ms. LaGrasse & Albert L. Wassenhove, Ghent, N.Y.
Speech Summary Posted
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Twelfth Annual National Conference on Private Property Rights
POLICING PRIVATE PROPERTY RIGHTS
The Other Side of Zoning and Building Codes
October 18, 2008Twelfth Annual Property Rights Conference Unmasks Zoning Awards Private Property Rights Leaders of National Influence
Dialogue and Vision Selected photos of speakers and participants at the Twelfth Annual Conference
Zoning and Building Codes: Rules Beyond Reason - By Carol W. LaGrasse., President, Property Rights Foundation of America, Inc., Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Delivered as the welcome address, this speech gave LaGrasses overview from personal experience and observations, first as a civil engineer practicing in New York City and over most recent decades involved in private property rights in upstate New York. City zoning serves well-connected interests. The States regional Adirondack zoning for supposedly environmental purposes is in reality the product of scheming wealthy New York City interests, as well. Building codes have gone far beyond their original purpose to protect public health and safety, to micromanage and obstruct private homeowners plans.
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Opening Address
The Façade of New Urbanism & the Form-Based Code - By Lolita Buckner Inniss, J.D., L.L.M., Associate Professor of Law, Cleveland-Marshall School of Law, Cleveland State University, Cleveland Ohio, Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Form-based code, a tool of New Urbanism, is not doing what advocates claim. It tries to create by design what was spontaneous over a century. The collaborative charette process, ostensibly based on the community, is monopolized by a small strand of people, the elite. New Urbanism tries to recreate old urbanism, but old cities like New York existed as a great range of neighborhood characters experienced by different groups of people. Old urban centers were based on wealth and inherently exclusionary. Zoning originated to protect wealthy urban interests. Zoning contributes to the decline of cities by excluding industrial workplaces from areas where workers live.
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Morning Address: Freeing the Community for the Future
Free Market Solutions to Urban Problems - By Randal OToole, Bandon, Oregon, Director - American Dream Coalition of the Independence Institute, Senior Fellow - Cato Institute, and Senior Economist - Thoreau Institute; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
States like Oregon that have growth management laws require that an urban growth boundary be drawn around cities, to stop growth beyond the boundary and densify development within the boundary. This has driven up housing costs and been a big factor in the housing bubble. Along with imposing the urban growth boundary, cities build light rail lines to reduce automobile use and thereby reduce emissions of carbon dioxide, which is thought to be a primary cause of global warming. But light rail is not effective either in attracting riders or reducing carbon dioxide. Efficient cars are better at reducing emissions per passenger mile and cheaper.
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Morning Panel - Fighting for Land-use Reform in Congress & Court
Property Rights Update from Washington, D.C. - By Jason Knox, Esq., Legislative Staffer, Subcommittee on National Parks, Forests and Public Lands, U.S. House of Representatives, Washington, D.C.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
The environmentalists are using legislation against energy transmission corridors. Theyre promoting Heritage Areas and wilderness designations as economic redevelopment while eliminating good-paying jobs. The urban Taunton Wild and Scenic River is meant to stop a gas pipeline. The 1,082-page resources omnibus bill would tie up 2 million acres as wilderness, including
1.2 million acres in Wyoming to stop use of gas and oil resources. The National Land Conservation System would codify Clinton/Gore National Monument designations. Right now, focus on energy. Make your voice heard on land use issues, project by project. Freedom of Information requests are a powerful tool.
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Congressional Designs on Your Property Rights - By Robert J. Smith, Senior Fellow for Environmental Policy, National Center for Public Policy Research; Adjunct Senior Environmental Scholar, Competitive Enterprise Institute; & President, Center for Private Conservation, Washington, D.C.; Presented at Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
The Bush Administration appointed major corporate and land trust figures such as John Turner, Henry Paulson, Gail Norton and Lynn Scarlet, who were enemies of private property ownership and private property rights, instead emphasizing partnerships and conservation easements. The Congress is designating nonstop Wilderness Areas, National Parks, National Battlefields, National Monuments, National Heritage Areas, National Scenic Trails, and Wild and Scenic Rivers. However, Rep. Rob Bishop and Rep. Paul Broun are bright lights for private property rights.
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Conservation Easements and TDRs: Fifth Amendment Takings through Zoning - By James E. Morgan, Esq., Principal, Galvin and Morgan, Counselors at Law, Delmar, N.Y.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Transferable development rights, or TDRs, are recognized as a way of compensating property owners when the government takes property rights. But the state valued the TDRs in the Long Island Pine Barrens at a fraction of the fair value, rather than take the property by eminent domain, which would have given the property owners more rights. We are going back to a day when property owners are becoming like feudal serfs rather than property owners. Be prepared to fight for the long-term.
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Keynote Address
Fight the Good Fight for Private Property Rights - By Don Corace, Real Estate Developer and Author, Naples, Florida; Presented at Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
The assault on private property rights includes eminent domain abuse like that of Susette Kelo for private development, and regulatory takings where the property owner receives zero compensation. Ocie Mills of Florida was the first man to go to federal prison for a wetland violation, singled out by the Corps of Engineers because he spoke out. In Pompano Beach, Florida, two men who had all their permits to build a hotel were stopped with 31 years by their NIMBY neighbors who didnt want their ocean view obstructed. One brother, a millionaire, lost everything, and had a stroke. Join together, put on your gloves, and fight abuses of private property rights.
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Select panel: Citizen Activists Defending Their Rights
Removal of Public Official from Office - By John Salvador, Jr., Citizen Resident & Property Owner, Lake George, N.Y., Brief Presentation at Select Citizens Panel, Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Mr. Salvador explained and shared copies of his petition to the Supreme Court Appellate Division for removal of public officer (tax assessor) in accordance with Section 36 of the New York State Public Officers Law.
Certificate of Occupancy without Building Inspection - By Kenneth Switzer, Rock Stream, N.Y., Select Citizens Panel-Brief Presentation, Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Using every imaginable tactic to put pressure on the town officials, Mr. Switzer succeeded in persuading them to allow him to sign a waiver of liability and the town gave him a certificate of occupancy in his seven-year-old house without a building inspection.
Summary Judgement over Survey Maps in Property Encroachment - By Edwin Navin, Montreal, Canada, and Property Owner in Saranac, N.Y., Select Citizens Panel - Brief Presentation, Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Mr. Navin discussed a critical aspect of his case, Navin v. Mosquera, which also involved the Adirondack Park Agency and the New York State Department of Environmental Conservation. His surveyor showed that the bridge built by his neighbor Mosquera encroached over the boundary, but the court accepted Mosqueras survey claiming there was no encroachment and awarded a summary judgment without hearing the evidence.Afternoon Panel I Up from the Depths of Zoning
No-Growth Zoning - By John S. Marwell, Esq., Shamberg Marwell Davis & Hollis, Mt. Kisco, N.Y., Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
The moratorium is the ultimate no-growth zoning tool, during which a town can institute new planning and zoning requirements, even after an applicant has filed for a permit. Ever-increasing impositions include no use of land said to be wetland, wetland setbacks, steep slopes, viewsheds, even exposed rock outcroppings. Now, environmental subtractions can remove these from density computations. Organizing and education to expose the junk science behind new rules is essential. The Vested Rights Bill in the New York State Legislature would protect property owners who have submitted applications from a moratorium and new rules.
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Wind Power Meets Zoning - By Alan J. Knauf, Esq., Knauf Shaw LLP, Rochester, N.Y.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
Across New York and the country in zoning boards, planning boards, and in courts, landowners and developers are fighting town officials, NIMBY s and somewhat hypocritical environmentalists to utilize wind power, an abundant natural resource in upstate New York. This talk outlines the current status of whats going on with wind power and zoning regulation, particularly in upstate New York. One solution may be legislation to supersede local authority.
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Afternoon Panel 2 Protecting the People: Leaders and Litigants
Is Your Rental Home Your Castle?-Administrative Warrants and Personal Privacy in the Twenty-first Century - By Robert McNamara, Esq., Institute for Justice, Washington, D.C.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
The City of Red Wing, Minnesota, imposes administrative search warrants (searches without probable cause) on rental properties, collecting photos of the interior of residences (including even the inside of closets), and intending to post these on the Internet for police use. The right to privacy, to be secure in your home from searches without probably cause, is guaranteed by the U.S. Constitution.
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Confronting the California Coastal Commissions Ultra-control of Local Communities - By Marshall Sayegh, President, Property Rights Foundation of Mendocino County, Gualala, California, Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
In 2006, 3,000 people lined the streets of the little town of Gualala, California, for the annual Fourth of July fireworks display. Every restaurant and lodging establishment was filled. However, when Gualala planned its 2007 fireworks display, the California Coastal Commission complained, but the display took place successfully, with 4,000 people enjoying it. But in 2008 the Commission issued a Cease and Desist order, preventing the display, claiming that it harmed nesting birds a mile away. Pacific Legal Foundation is now defending the Gualala fireworks.
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Foreign Intrusion on County SoilA Zoning Tool - By Albert L. Wassenhove, Retired Business Executive, Ghent, N.Y., Presented at Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
The decision of the Office of International Affairs of the National Park Service to reject Olanas request to be designated as a UNESCO World Heritage Site came after articulate citizen reaction, objective press coverage, and conscientious investigation by the Columbia County Board of Supervisors and Planning Director.
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Closing Address
The Rights of Religious Institutions Facing Zoning and Historic Preservation - By Roman P. Storzer, Storzer & Greene, P.L.L.C. Washington, D.C.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
In no other area is there as much restriction on religious exercise, a First Amendment freedom, than in the land use context, with possibly the exception of prisoners. The federal Religious Land Use and Institutionalized Persons Act, RLUIPA, targets landmarking and land use laws. Zoning boards no longer hold all the power. Churches, mosques and temples can go to court and get redress under a relatively strong standard of review.
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Eleventh Annual National Conference on Private Property Rights
FORGING AHEAD FOR PRIVATE PROPERTY RIGHTS
October 13, 2007
Conference Photos: Peter J. LaGrasse
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Awards
Celebrating Property Rights Leaders
Who Have Made A Difference
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Another Decade Begins
PRFAs Successful Eleventh Annual Property Rights Conference
Eleventh Annual Conference Photo Impressions Speaking, Listening, Participating
A Preview Lets Aim for Ten More Years: PRFAs Eleventh Annual National Conference on Private Property Rights Order audio cassettes of this and other conferences
Welcome-Forged in the Fire - By Carol W. LaGrasse, President, Property Rights Foundation of America, Inc., Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
We are in this for the long haul. Forged in the fire, we stand by first principles. Even with relatively little resources, at the grassroots we can accomplish major successes, but success will serve our long term goals only when we never lose track of our Constitution and the rights upon which it is founded.
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Opening Address
The Supreme Courts Protection of Private Property Rights: The Founders Dream, the Owners Nightmare - By Roger Pilon, J.D., Ph.D., Vice President for Legal Affairs and Director, Center for Constitutional Studies, Cato Institute, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Roger Pilon presents an overview of private property rights, beginning with first principles, including a discussion of the history of the founding documents, followed by the police power and eminent domain power; then four scenarios of government restrictionsgovernment actions that reduce the value of private property, regulation to stop nuisance, regulatory takings, and full eminent domain; and finally the four categories of eminent domain: transfer to the public, transfer to a private owner for public utilities and the like, condemnation for blight reduction, and transfer to another private party for economic development. Highlights of court rulings illustrate how the Progressive Era led to todays regulatory state.
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Panel I - New York State: A Venue for Key Property Rights Issues
The Navigable Waterways Controversy - By John S. Marwell, Esq., Shamberg Marwell Davis & Hollis, Mt. Kisco, New York, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Recreationists are trying to create new rights by re-defining the well established standard of navigability in favor of the public at the expense of property owners. The Sierra Club and a group within the New York State Attorney Generals Office and Department of Environmental Conservation orchestrated an effort to pass regulations and use a test case to create a right of passage by canoe or kayak, including extensive dragging and portaging. The Sierra Clubs test case was to send canoeists down the shallow, rocky river through the Adirondack League Clubs 53,000 acres of pristine property. The club sued the canoeists for trespass and the state intervened in favor of the canoeists. The Court of Appeals adhered to the traditional standard of commercial utility but added a recreational use test, which was narrowly defined in a settlement.
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Invest for Freedom-To Stop the Use of Capitalism Against Capitalism - By Thomas J. Borelli, Ph.D., Managing Partner and Portfolio Manager, Free Enterprise Action Fund, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Environmental organizations are harnessing major corporations like Pepsico, Caterpillar, General Electric and JP Morgan Chase against their own corporate interests and capitalism itself to promote universal government government-funded health care and an economy centered on global warming-based regulation. Acting as a shareholder activist, the Free Enterprise Action Fund successfully sought a stockholder proxy at JP Morgan Chase against their support for global warming regulation.
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Panel II - The Frontlines Against Regional Landscape Preservation
Farmers Fight Back in the New Jersey Highlands - By Devlen Mackey, Owner, Mackey Orchards, Belvidere, New Jersey; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Farmers, local government, and developers are opposing the state regional zoning law, the New Jersey Highlands Regional Planning and Water Protection Act, which imposes 88-acre zoning and exploits endangered species rules in Hunterdon, Warren, and other northwestern New Jersey counties to stop the use of land. The law is said to be intended to protect the watershed for drinking water, but sewers to keep flow from Lake Hopatcong are prohibited by the Department of Environmental Protection.
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Twenty-first Century Carpetbaggers and Privateers: The Booty is Your Property - By Marshall Sayegh, President, Property Rights Foundation of Mendocino County, Gualala, California, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Today, privateering is a way of mobilizing groups of people and resources to take private property rights. When faced with an illogical utility route that threatened their businesses, the Gualala Commercial Property Owners defended their private property rights by organizing and speaking out, again and again.
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A Word about UNESCO - By Ellen McClay, Author, Arizona; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Tracing her involvement back to the fifties, author Ellen McClay refers to individuals, including Alger Hiss and Secretary of State Dean Achenson, who were involved with UNESCOs role in changing textbooks in the United States to derogate Washington and the founding fathers, as well as private property rights, while substituting Marxist values.
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Keynote Address
The New Wars for the West - Keynote Address by William Perry Pendley, Esq., President and Chief Legal Officer, Mountain States Legal Foundation, Lakewood, Colorado; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Perry Pendley successfully defended John Shuller against the U.S. Fish and Wildlife Service when, in self-defense, he shot a grizzly bear. He won the case for Larry Squires, who wanted to allow disposal of oil field brine in dry sink holes on his property. Mountain States Legal Foundation is fighting for inholder access to their property blocked by the U.S. Forest Service. Pendley has argued successfully three times before the U.S. Supreme Court on the right of contract regardless of race or ethnicity, against what is called affirmative action.
Panel III -Breaking Through Deception
Update from Congress - By Jason Knox, Esq., Member of Legislative Staff, Natural Resources Committee, Subcommittee on Forests and Public Lands, U.S. House of Representatives, Washington, D.C.; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Part of the legislation that Nancy Pelosi would like to ram through Congress is H.R. 6 to take, Chavez-like, the contracts of oil companies awarded to drill on the outer continental shelf during the Clinton Administration. A National Heritage Area omnibus bill (H.R. 1483) would accomplish the Journey through Hallowed Ground and Niagara Falls National Heritage Areas, among others. The Niagara Falls area would involve the National Park Service in casinos. H.R. 2016 would do away with multiple use in BLM lands, making billions of acres into defacto wilderness.
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The Craze of Environmental Irrationality - By John Berlau, Director, Center for Entrepreneurship, Competitive Enterprise Institute, Washington, D.C.; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Environmentalism is dominated by disdain for human life, grounded in Rachel Carsons vilification of DDT and thus arguably causing more deaths from malaria and other insect-borne diseases than from any other cause during the twentieth century. A recent local example of this disdain for human life was the death of Alfred Langner from exposure while trapped in his car for 2 days after an auto accident, unable to reach help because his cell phone had no reception on the Interstate Northway because environmentalists banned cell towers.
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Small Business and Private Property Rights - By Raymond J. Keating, Chief Economist, Small Business and Entrepreneurship Council, Washington, D.C. and Columnist, Newsday, Long Island, New York; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Local zoning often is a tool of special interests to force small businesses to give up. Government uses its power of eminent domain for economic development for well-financed entities at the expense of small business. During the past 100 years, government has lost respect for private property owners when developing sports stadiums, which used to fit around private property. In addition, it should be more recognized that intellectual private property rights protect the interests of small businesses, not just big pharma.
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Organizing Against Federal Environmental Legislation that Threatens Landowners - Robert J. Smith, Senior Adjunct Environmental Scholar, Competitive Enterprise Institute, Senior Fellow for Environmental Policy, The National Center for Public Policy Research, and President, Center for Private Conservation, Washington, D.C., Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
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Panel IV - The U.S.A. and Beyond
The Proposed Law of the Sea Treaty: A Threat to Private Property Rights - Lawrence Kogan, Esq., J.D., LLM, The Institute for International Trade, Standards and Sustainable Development (ITSSD), Princeton, New Jersey, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
The Law of the Sea Treaty is the largest regulatory treaty ever conceived, but has just missed ratification by the United States. Instead of clarifying maritime law, it would change it fundamentally. Freedom of navigation would be hindered, because it is capitalist. Deep-sea mining rights would not go to miners, but would be redistributed. Environmental rules based on sustainable development and the precautionary principle would supersede private property rights, even within the United States, because pollution could theoretically flow to the oceans.
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Confronting International Animal Rights and Eco-Terrorism - By Teresa Platt, Executive Director, Fur Commission USA, Coronado, California, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Animal rights and eco-terrorists justify arson and destruction of property, and even killing people, on the basis of saving animals and saving the Earth. These send a message with every crime, promoting fear of speaking out and doing business. Non-profit charities with the stated purpose of animal welfare are teaching young people animal rights terrorism. The IRS should stop tax-exempt charities from promoting crime. Legislation like the Animal Enterprise Terrorism Act should be expanded.
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Closing Address
National & International Land Use Planning - Peyton Knight, Director of Environmental & Regulatory Affairs, The National Center for Public Policy Research, Washington, D.C., Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
A National Heritage Area facilitates national land use planning as a preservation-driven congressional pork-barrel designation created in conjunction with the National Park Service and private interest groups to influence decisions over local land use to preserve natural, historical, cultural, educational, scenic, and recreational resources. UNESCO World Heritage Site designations are an international tool to push land use restrictions on the sites and land surrounding them.
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Tenth Annual Conference
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PRIVATE PROPERTY RIGHTS The Record & The Vision October 14, 2006 First Hand Report
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Opening Address
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| Panel I - Success in The West | |
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| Panel II - Focus on Eminent Domain | |
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Keynote Address
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| Panel III -Property Rights Directions in America | |
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| Panel IV - Linear Parks-A Radical Preservation Tool | |
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Closing Address
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THE BURNING QUEST Rules of Engagement for Defending Our Property Rights Ninth Annual National Property Rights Conference Slated for October 22, 2005 PRFA Holds Successful Ninth Annual
National Property Rights Conference - |
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Awards
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| Opening Address | ||
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| Panel I Turning the Tables to Defend Private Property Rights | ||
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| Panel II Citizen Action to Defend our Property Rights and Local Traditions | ||
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| Keynote Address | ||
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| Panel III Threats and Directions to Strengthen Property Rights In America | ||
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| Panel IV The Eminent Domain Battleground | ||
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| Closing Address | ||
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Eighth Annual National
Conference on Private Property Rights Private Property Rights for the Future of Freedom and Prosperity |
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| SUCCESS! PRFAs Eighth Annual National Conference on Private Property Rights - First hand report on Property Rights 2004 - Private Property Rights for the Future of Freedom and Prosperity | ||
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Seventh Annual Conference Our Inalienable Heritage |
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AwardsPRFAs Annual Awards Ceremony recognized Dana Berliner of the Institute for Justice in Washington, D.C.; Don Parmeter of Northern Resources Center in Minneapolis, Minnesota; and Kelli and Joseph Havranek of the Rondout Landowners Alliance in Rosendale, N.Y. |
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| Seventh Annual Conference on Private Property Rights A Great Success - First hand report on NY 2003 - Our Inalienable Heritage | ||
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Sixth Annual Conference Full Proceedings of Sixth Annual Conference available from
PRFA. |
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Fifth Annual ConferenceA
Wake-Up Call, Organizing for Success Full Proceedings of Fifth Annual Conference available from
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| Gathered for Success: Property Rights Enthusiasts Assemble for fifth Annual New York Conference - Report on the Fifth Annual New York Conference on Private Property Rights (PRFA, 2000) | ||
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Fourth Annual Conference The Best Alternative, Enhancing Private Property Rights |
| Gathered Leaders Proclaim: Private Property Rights Will Best Pave the Way for the Future: Not Smart Growth, Government Ownership and Regulation - report on the Fourth Annual New York Conference on Private Property Rights (PRFA, 1999) | ||
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REAL PEOPLE, THEIR PROPERTY UNDER ATTACK |
| Third Annual Conference Draws Large CrowdTheme is Real People-Their Property Under Attack - report on the Third Annual New York Conference on Private Property Rights (PRFA, 1998) |
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| Second Annual ConferenceNew York, A Mirror of the Nation |
| Second Annual New York Conference on Private Property RightsExperts Call for Respect for Private Property Rights - report on the Second Annual New York Conference on Private Property Rights (PRFA, 1996) |
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| First Annual ConferenceThe Moral High Ground | ||
| New York State Property Owners Rally for Protection of Rights - report on the First Annual New York State Conference on Private Property Rights (PRFA, 1995) | ||
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