PRIVATE PROPERTY RIGHTS
We oppose any legislation that would allow public access
to or through private property without permission of the property owner or
authorized agent of the owner.’07
We oppose the imposition of deed restrictions/covenants that
prohibit the production of an agricultural commodity on farmland. ’07
We believe any action that diminishes an owner's right to use
his property constitutes a taking of that owner's property.’07
Therefore, government should provide due process and
compensation to the exact degree that an owner's right to use his property has
been diminished by government action. '01
Private property rights legislation should not include a
standard or percentage for which to base or begin compensation for the loss of
an individual's property. Furthermore, we believe that the only just basis for
compensation in such cases is fair market value. '01
We support the passage of private property rights protection
acts at the federal and state levels.
We support legislation that would place the burden of land
survey disputes upon the party disputing any property lines. ’06
We urge the state legislature to enact a law to require all
land survey companies to notify all owners of agriculturally zoned land that
adjoins a property to be surveyed, by certified letter, in advance of the survey
and again before a plat is recorded. '03
Eminent Domain
We believe the recent Supreme Court Kelo decision violates
the basic principles and standards for what constitutes a public use and taking
of land. We believe that while eminent domain represents a
vital function of government that needs to exist in carrying out the public
purpose, we do not support the erosion of the standards or tests that each case
must meet. We believe government should demonstrate the public purpose for the
condemnation of land and then establish a fair and equitable means of
compensation. We strongly support passage of legislation by the Maryland General
Assembly to prevent the use of eminent domain by local government to take
private property and then give it or sell it to the private sector to develop.
’06
We oppose any taking of private property by a public entity
for public purposes without just compensation to the property owner for loss of
business revenue as well as for real property. ’06
If the property taken is zoned for agricultural use, the
compensation should be tax-free. ’06
When private property is taken by government for a public
purpose and not used for the purpose taken, there should be a process to first
offer the property back to the original landowner or the family of the original
landowner before it could be used for a purpose other than for which it was
originally acquired. ‘05