Defending Property Rights

By JOANNA LESTIC

Published: Jul 22, 2005 12:00 am

To the Editor:

Democracy and freedom require free markets. But the current Supreme Court decision on eminent domain does not fully reflect that fact. Their decision gives big business and government the upper hand instead of free markets.

Note Websterâs definition of âcommunism,â âa system or social organization in which all economic activity is controlled by the state.â Just knowing these facts it is easy to see how this issue has united conservatives, liberals, independents, and libertarians, who understand the importance of property rights as one of the foundations of American society.

Consider this true story. In the early 1970s McDonald Hamburgers had approximately 1,500 stores. And one of their many management surveys showed that 80 percent of their profit was coming from the 15 percent of the company stores that they owned and operated. They also knew to operate company stores in a profitable manner required having them located in a large metropolitan area such as Chicago, Atlanta, Columbus, Boston, etc.

McDonaldâs was looking into Houston as a new area for development of company owned stores. But, they found out that a small mom and pop hamburger stand owned by Sam McDonald (no relation to the original McDonald brothers in California) already had licensed the âMcDonaldsâ name in the country in which Houston was located.

Ray Kroc, chairman of McDonaldâs Corporation, sent Fred Turner to Houston to buy the rights to the McDonalds name from Sam McDonald. Mr Turner offered something like $2 million to Mr McDonald who refused and said that he wanted $5 million. Turner thought this was entirely unreasonable for a store that was only worth some $100,000 and would not negotiate further, thus he went home empty handed. Years later the McDonaldâs Corporation paid Sam McDonald approximately $15 million for the same rights.

But our personal property rights and our ability to use free markets to determine the value of our property have been greatly diminished by Supreme Court Justices who apparently do not value the importance of our personal property rights.

The caviler action just paved the way for any big company to go to the government and say look at how much more taxes we will generate than the small guy. Take the property away from the small guy and give it to us because we will make more money for you. This Supreme Court ruling also pits government against the small guy. The founders of this country must be turning over in disgust. We as voting citizens need to use the voting booth to protect our rights from further erosion by voting out of office anyone who tramples our property rights.

Daniel Kormanik

224 Brushy Hill Road, NewtownÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â July 15, 2005

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It seems a lot of the discussion around the flagpole focuses on vilifying drivers who pass on the right, but the real issue is being overlooked. If Chapter 248 Section 14-251 were enforced, we wouldn’t see this problem to begin with. That statute prohibits stopping in the middle of a roadway to yield to cross traffic—as so often happens with cars waiting to turn from Church Hill. When vehicles stop illegally in the travel lane, they effectively create a blockage. Other drivers then either sit through unnecessary delays or carefully pass around them on the right, which is fully permitted when the vehicle ahead is “illegally parked” in the roadway. Instead of punishing drivers reacting to the obstruction, enforcement should focus on the cause: vehicles unlawfully stopping and backing up traffic in the first place. If that behavior were addressed, the need to “go around” would largely disappear.

Borough Board of Burgesses Continues Traffic Safety Discussion

John, you raise an important point — these situations are tragic, complicated, and often far less clear-cut than the headlines make them seem. In the Fredericksburg case, the full facts still aren’t publicly known, and like so many of these stories, there’s conflicting information. It was apparently the back door at 3 a.m. — was it justified to use deadly force? We don’t know yet. What we do know is that the homeowner has been charged, and as you rightly noted, that is very serious. But this is also where perspective matters. These cases are quickly sensationalized in the news and on social media, yet when the dust settles, the outcomes are rarely publicized. People forget that in our system, you are innocent until proven guilty. Try to find much coverage of the convication in the case of the Fairfield Realtor vehicle homicide, or updates on the woman who shot her husband a couple of Christmases ago, or even the pedestrian death in Sandy Hook a year or so back. The follow-through simply isn’t there, and public opinion is often shaped only by the first round of headlines. At the end of the day, these situations remind us how split-second decisions in the middle of the night can change lives forever — which is exactly why the right to protect one’s property, home and family is so fiercely debated, and lucky constitutionally protected.

Late Night Prank Gone Wrong

First the low hanging fruit. Dave; it was a joke, please get over it. You are the only person in Newtown that thought I really wanted to build a stadium on 6 Commence Rd. Now on to Alex. You might not appreciate my writing style or my selection of words, but let's not loose sight of the fact that by responding to my letter in the manner that you did, you have removed any doubt whatsoever that you have no idea of the quantifiable benefits you are dismissing not only for the town, but also for protesters. Either you stopped listening at the word "ordinance" or you never started.. Your constitutional rights to assemble were never in question and would actually be strengthened and there would be literally no impediments. We could even title it "The Alex Villamil Ordinance" if you want. It could be your legacy and actually show Newtown your willingness to work in a bipartisan way for the betterment of the town. Businesses would be protected. Traffic wouldn't be interrupted. The town would save hundreds of thousands of dollars in police overtime. And maybe most importantly, the town could prevent another tragedy while mitigating legal risk in the event something terrible happens at a protest. Nothing bad could never happen in Newtown right? All that could be accomplished by a simple, non-intrusive ordinance unless all the detriments to our town are intentional in order to bring more attention to your cause. Alex, this was not me throwing a temper tantrum. Believe me, you will know it if that happens. I am just putting Newtown first. From that perspective, if you think critically, the regulation is necessary. It makes sense logically, rationally, and is reasonable. There is absolutely no down side. None. I would be willing to sit down with you to see if we could come to some type of compromise if you want. Let me know. You would be amazed how much you can accomplish when there is dialogue amongst neighbors.

It’s About Dialogue Amongst Neighbors — Not Regulation

A popular prank circulating on TikTok is “ding-dong-ditch” where a group of young people violently bang or kick someone’s door late at night and then “ditch” or run. On May 3 three high schoolers here in Fredericksburg Va. were participating in such a prank. One homeowner assumed, as in this case, an attempted break in and also took measures to defend his family and property. As the youths were running away he fired, striking an 18 year old graduating senior in the back killing him and seriously injuring a second youth. A wasted life, a family shattered, and the homeowner charged with murder.

You’re absolutely right — no one should ever feel unsafe in their own home. Being startled awake by violent banging at your door late at night is no joke, and it’s a stark reminder that danger can come without warning. That’s why I’m thankful for the right to protect ourselves, our families, and our property. In a moment like that, you don’t get a second chance to call for help before you act — you have to be prepared. Our homes should be a place of peace, not fear, and the ability to defend them is a right worth safeguarding.

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Defending Property Rights

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