by Rick Lowe
While watching another positive "news story" about Urban renewal 2.0 on ZNS news last night it occurred to me that we might be destroying private property without the owners consent. In other words, none of us, including the government, have the right to destroy private property without the owners consent or unless certain guidelines have been met.
While I understand and even agree that it is a good thing to get rid of these eyesores and places where criminals might hide out, the government must ensure it upholds the law, and even our Constitution (Chapter III, Section 21 – Protection for privacy of home and other property might apply).
At minimum the government should attempt to find the owner(s) of these properties and get them to pull them down if they are a danger to society. The suitable notices should be placed as required by the department of environmental health for example.
Once the political class is granted the power to simply pull a property down because they "believe" it is a threat is a dangerous precedent to civil rights.
Hopefully the zeal to prove a point will not be the programmes downfall should it be challenged in the courts when the wrong property is destroyed.
In closing, it is important that we judge government policies on their results, not from wishful thinking.
Rick you are absolutely right but…….duh?? This is the norm and likewise no government should be dumb enough to allow itsef to be duped by scam artists who are claiming that they just out a fridge into a house that noone has seen anyone enter or leave in more than a week. On the other hand the government should not as was demonstrated in the case of the Charles saunders Highway, take private property not pay for it.
Thanks Ken. If you agree why attempt to justify one bad government policy because some other government made bad policy?
If we had a justice system that worked so government can revert to it’s correct role of Policeman – so people can’t harm each other or steal from one another – we might see better public policy by all future governments. But alas, there are always people that want something for nothing or favours for themselves but not others using the coercive power of government.
I agree Rick, whether well kept or derelict, private property is private, and unless upkeep or presentation is governed by some bylaws or property association rules, the Government has no lawful right to egress or destruction.
They are treading on dangerous ground, and know not what they do.
If a derelict property is used without the owners consent, and for illegal activities, the onus is on the Police to a) frequently raid and arrest any occupants, and b) notify the lawful owner that said property is being used for nefarious activities, but there is still no obligation for the owner to do anything at all!!
When they undermine property rights in this way,
they are unraveling the very foundation of societal structure that has taken a thousand years (and more) to develop!
They also undermine their own authority, but,
We already know they have abandoned legal Authority and prefer personal power.
Perhaps it shows we are not fit to govern self after all.
Ken Clarke just cannot help himself, in fact every bad behaviour of this failing PLP government he defends.
Right now he is ignored on facebook, so he turns here to be an annoyance.
Enjoy Ken, do well.
Our greatest fear with a democratically elected government is creeping socialism in the name social and economic justice. Political power is centralized and individual freedom, the hallmark of true democracy, is gradually eroded.
The issue of Eminent Domain both in the United States and the Bahamas are classic examples of the encroachment by government in the name of public interest. The legal foundation of Eminent Domain is based on two fundamental principles.
First, for government to take someone’s private property it must be determined to be in the public interest.
Secondly, there always must be fair and adequate compensation. In many cases, particularly in the United States, what constitutes the public interest always is open to question. In the Bahamas, governments take property under the doctrine of Eminent Domain but seldom if ever pay any due and just compensation to the legal property owner. Is this a question of negligence or theft?? You be the judge.
To expropriate private property, without due process, is not only illegal but debases the reason why we have government.
Hear, hear Tradewinds. Well said!