Dear Readers,

Chuck Angier wrote February 5 about a threat to property rights that is under 
discussion in his home county (Pittsylvania).  Even if you don't live in that 
county, be alert for similar measures in your own county!

The Libertarian solution: Abolish zoning and eliminate all government 
regulation of private property.

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Be Wary of Proposed Setback Changes!
By Chuck Angier
Sandy Level

Dear Editor,

With respect to Pittsylvania County’s setback controversy, as I understand it, 
under current state regulations (not local and not law), compliant, legal 
landowners in good standing can lose certain rights to substantial portions of 
their property, through no fault of their own because of legal and compliant 
activities by adjoining property owners.

In a nation where property rights are a foundational principle, I can find no 
more flagrant violation of property rights than this.

As I understand it, agricultural producers under the regulation of the Virginia 
Department of Environmental Quality, must maintain a “setback” from neighboring 
residences and wells to remain compliant.

The controversy arises when an adjoining property builds a structure or drills 
a well in such a location that renders the producer, (through no fault of his 
own) out of compliance. 

To again become compliant the producer must establish a new setback, thus 
relinquishing certain rights to property (and investment), again, through no 
fault of his own.

At the public organizational meeting of the Joint Setback Study Subcommittee, 
tasked with making recommendations to resolve this controversy, I was 
encouraged by the preponderance of property rights advocates in attendance.

However, I was discouraged by the many property rights advocates who opined 
that they have the right to do what they want with their land even if it 
infringes upon or forces a neighbor to relinquish his rights.

With this issue, we are rightfully attempting to create local policy to 
equitably combat inequitable, over-reaching and intrusive state and federal 
regulations.

It would behoove all parties to study, as an example, the recent case of the 
Accotink Creek watershed in Northern Virginia, where the EPA attempted to 
declare rainwater a pollutant, thus placing all property under its authority.

This not only would have destroyed property rights for the unfortunate 
landowners, but would have also become an unbearable financial burden, with the 
potential result of a regulatory wasteland. 

Thankfully Fairfax County, VDOT and the Virginia Attorney General’s office 
handed the EPA a stunning defeat in federal court.

This regulatory inequity we are now negotiating in Pittsylvania County, to the 
pleasure of some, impacts all agricultural producers.

Those that take pleasure in this inequity should be wary of “The Regulators”…
coming soon…to a garden near you.

********************************************

The above article was also published at: 
http://www.chathamstartribune.com/opinion/article_2828b1ce-8e7f-11e3-a23f-001a4bcf887a.html

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-- Marc Montoni, Secretary
   Libertarian Party of Virginia

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