There was a recent story about a family in Wyoming that is
experiencing the ruthlessness of government bureaucrats the hard way. The family built a pond on “their
property” in 2012 and the Environmental Protection Agency (EPA) is telling them
it violates the Clean Water Act.
The government is claiming that the family is in violation
of building a dam or creek without a permit, as well as claiming that contents
from the family-built pond are running into other waterways.
The EPA is now threatening fines of up to $75,000 per day
for the supposed violation. That
is not a misprint. It isn’t $75
per day, which would seem harsh enough.
It is $75,000 per day, which is a completely ridiculous figure. The family is refusing to pay.
Property Rights
There are so many questions that can be asked here, but the
obvious one is in regards to property rights. Why is the government allowed to tell others what they can
and can’t do with their own property?
If government has any role to play (in a free and just society),
it is only to protect property rights and enforce contracts. In this case, not only is the
government not protecting property rights, the government itself is violating
the property rights.
Although this can be said about most things that government
is involved in, this is a particularly egregious example, particularly when it
comes down as so totalitarian.
If the property owners were polluting or infringing on other
people’s property, then there would be a legitimate dispute. But there would also be an actual
victim, which would be the owner or owners of the property being infringed
upon. In this particular case in
Wyoming, the EPA claims seem to be non-specific.
The next question is why the EPA has the power to simply
dictate orders and fines people on demand. Shouldn’t the Wyoming family at least have their day in
court to show that their pond is on their property and not violating anyone
else’s rights?
Government-Owned Land
A third question, that is perhaps related to this case, is
why the government owns so much land.
Why are there vast areas, particularly in the west, that are fully owned
and controlled by the government, particularly the federal government?
I suppose the answer to this question is because not many
people strongly oppose it. But
this should really become more of an issue for liberty advocates. When the government owns so much land,
then it gives these bureaucrats more power and more excuses to control others.
There is no valid reason for the government to own vast amounts
of land. Even parks and forests
can be owned by private individuals.
We have been trained to think that if it weren’t for the government,
then there would be no beautiful parks or forests to visit.
In reality, land would be much better cared for in the hands
of private owners. It would be in
their own interest to take care of the land. That is why, when you see forest fires raging, it is usually
on government-owned land that was not being take care of or watched over
properly.
When property is taken out of the hands of government, then
disputes are actually less likely to happen. In this case of the Wyoming pond, another property owner
could dispute an encroachment through the courts. There would have to be an actual victim for there to be any
dispute.
Property rights should be sacred in a free society. The government should sell its vast
amounts of land and the EPA should be shut down.