John Adams said, "Property is surely a Right of Mankind as real as Liberty." So if Liberty is our Right, then property is our Right. No man has the right to legislate his morals on someone's private property. We have legislators today and I am particularly talking about the Borough Assembly here in Fairbanks , who feel that we need all these zoning laws, restricting our Rights as property owners, under the pretense that some may abuse their property Rights. This is directly what George Washington meant when he said, "It would be an unwise and unjust jealousy to deprive a man of his Rights on the supposition that he may abuse them."
John Adams also said this, “The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.”
The only reason we have government is to protect our property Rights, NOT to pass regulations infringing on them. James Madison declared that “Government is instituted to protect property. . . . This being the end of government, that alone is a just government which impartially secures to every man whatever is his own. . . . That is not a just government, nor is property secure under it, where arbitrary restrictions [i.e., restrictive zoning requirements], exemptions, and monopolies deny to part of its citizens that free use of their [own] faculties.”
So how do these elected officials, who take an oath to uphold and defend the Constitution, think they are above the ones who created and signed the Declaration of Independence and the Constitution?! The very Men who started this Nation, wrote for all to see what the intent of this Nation is. So are those who subvert that intent enemies of the Constitution?
Fisher Ames, a Framer of the Bill of Rights, forcefully declared that “The chief duty and care of all governments is to protect the rights of property.”
Thomas Jefferson said the purpose of government “is to declare and enforce only our natural [inalienable, God-given] rights and duties and to take none of them from us.”
“All men are born free and equal, and have certain natural, essential, and unalienable rights, among which may be reckoned the right of . . . acquiring, possessing, and protecting property.”
William Paterson (signer of the Constitution and Justice placed on the U. S. Supreme Court by President George Washington)
I don't know what more can be said. There are hundreds of quotes from our Founders that declare what was already known, that the Right to Property is our most basic and fundamental Right, which cannot be taken away, by any man, without just due course of law. They also declared what was already known--that we have the Right to Protect our Property, against any and all who would take or infringe on that property. The Right to Property is to be jealously guarded, and when men put it on themselves to restrict that Right "for your own good," and pervert those Rights, they become enemies of the People and of Liberty itself.
We are not Serfs to be ruled by lords.
I propose the lords of our Borough pass this proclamation (I did not write this) and take their rightful place as servants of the People.
Whereas, the Common Law, directly incorporated into the U. S. Constitution by the Seventh Amendment, establishes that an “absolute right . . . is that of property. . . . So great moreover is the regard of the law for private property that. . . . [i]n vain may it be urged that the good of the individual ought to yield to that of the community; for it would be dangerous to allow any private man, or even any public tribunal [governmental body], to be the judge of this common good and to decide whether it be expedient or no [how to use that property]”; and
Whereas, for over two centuries, all three branches of American government at both federal and state levels preserved the ownership and personal use of private property as an inviolable, unalienable, natural right, acknowledging that government can neither encroach nor usurp such vested rights, immunities or privileges;
Therefore, Be It Resolved, that all interpretations and applications of zoning ordinances shall be examined and applied so as to recognize and preserve the unalienable, inviolable principles of private property usage and that such individual rights may be infringed only if it is clearly proven that they directly injure or harm the same rights of another citizen.