Tuscaloosa County
Property Rights Alliance
Property Rights Alliance
The framers of our U.S. Constitution understood that the “principle of” and “protection of” private property rights was one of the cornerstones of liberty. Therefore, one of the most important concepts incorporated into our governmental system was to deny control of private property rights to the federal government. In fact, the founders intended our constitution to form the chains that bind the powers of a tyrannical, centralized government. This “minor” detail, limiting governmental powers, is overcome in part by local adoption of the "Flood Damage Ordinance." At first glance this ordinance appears to be benign or even beneficial. But to say that the devil is in the details is an understatement of monumental proportions in this situation.
The National Flood Insurance Program is a Federal program that sometimes subsidizes[1] flood insurance premiums. It is often hawked by county governments as a justification for the adoption of this ordinance.[2] Is a small reduction in premiums for a few worth such a massive loss of property rights for all? Also, many local authorities have claimed that upper levels of government have mandated local adoption. This is a false statement, for the National Flood Insurance Program is voluntary.[3] Likewise, asserting that property owners actually in a floodway will be able to obtain flood insurance is also a false statement! Why?
The Tuscaloosa County Public Works Department[4] is charged with the responsibility of implementing this ordinance and “may” at its discretion[5] prevent flood insurance from being sold to local residents, and there are seven objectives listed for the "Flood Damage Ordinance"but providing flood insurance is NOT one of them[6].
Citizens are obviously being misled as to the real intentions of those promoting these ordinances.
This ordinance can never be fully understood by those subject to its authority because every rule and regulation ever written or “yet to be written” by FEMA and, hence, the Federal government, is “adopted by reference and declared a part of this ordinance.”[7] The rules could be completely changed tomorrow and they would still apply and still be enforceable. Therefore, compliant property owners are merely a bureaucratic pen stroke away from noncompliance and thereafter subject to fines, restrictions or demolition of their private property!
Floodways - Who designates them? Hired contractors[8] operating under the authority of FEMA designate floodways. Of course, since FEMA is paying the bill, it is a forgone conclusion that the contractor will provide a floodway map that reflects the desires and aspirations of the federal government, which is, of course, “sustainable development[9]” and “governance[10]”.
In a floodway, the following “encroachments” are prohibited:
New construction, Substantial improvements or other development within the adopted regulatory floodway.[11]”
What is “new construction”? New Construction is not something yet to be built, as one would normally assume! No, this ordinance states that new construction means structures for which the “start of construction” commenced on or after August 7, 2001, and includes any subsequent improvements to the structure[12].
What is “substantial improvement?” “Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value[13]...” “Market value” would, of course, reflect the value of a structure located in a floodway. (This value would be calculated after the property had lost most of its value because of these very regulations. This regulatory loss of value will also allow the confiscation of your property at a small fraction of its original value.)
The National Flood Insurance Program is a Federal program that sometimes subsidizes[1] flood insurance premiums. It is often hawked by county governments as a justification for the adoption of this ordinance.[2] Is a small reduction in premiums for a few worth such a massive loss of property rights for all? Also, many local authorities have claimed that upper levels of government have mandated local adoption. This is a false statement, for the National Flood Insurance Program is voluntary.[3] Likewise, asserting that property owners actually in a floodway will be able to obtain flood insurance is also a false statement! Why?
The Tuscaloosa County Public Works Department[4] is charged with the responsibility of implementing this ordinance and “may” at its discretion[5] prevent flood insurance from being sold to local residents, and there are seven objectives listed for the "Flood Damage Ordinance"but providing flood insurance is NOT one of them[6].
Citizens are obviously being misled as to the real intentions of those promoting these ordinances.
This ordinance can never be fully understood by those subject to its authority because every rule and regulation ever written or “yet to be written” by FEMA and, hence, the Federal government, is “adopted by reference and declared a part of this ordinance.”[7] The rules could be completely changed tomorrow and they would still apply and still be enforceable. Therefore, compliant property owners are merely a bureaucratic pen stroke away from noncompliance and thereafter subject to fines, restrictions or demolition of their private property!
Floodways - Who designates them? Hired contractors[8] operating under the authority of FEMA designate floodways. Of course, since FEMA is paying the bill, it is a forgone conclusion that the contractor will provide a floodway map that reflects the desires and aspirations of the federal government, which is, of course, “sustainable development[9]” and “governance[10]”.
In a floodway, the following “encroachments” are prohibited:
New construction, Substantial improvements or other development within the adopted regulatory floodway.[11]”
What is “new construction”? New Construction is not something yet to be built, as one would normally assume! No, this ordinance states that new construction means structures for which the “start of construction” commenced on or after August 7, 2001, and includes any subsequent improvements to the structure[12].
What is “substantial improvement?” “Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value[13]...” “Market value” would, of course, reflect the value of a structure located in a floodway. (This value would be calculated after the property had lost most of its value because of these very regulations. This regulatory loss of value will also allow the confiscation of your property at a small fraction of its original value.)
"Property must be secured or liberty cannot exist." John Adams
We Dare Defend Our Rights
Flood Damage Prevention Ordinance
Adopted 03/08/2008
The Issues