Musings from Brian J. Noggle: Property Rights Hit Again; "And Stay Down!" Citizens Cry

Property Rights Hit Again; "And Stay Down!" Citizens Cry

Pluck Big Bird from chimney, Greendale orders:

The Village Board has ordered a blue Big Bird sculpture down from its nest atop a chimney of a historical home, where neighbors want it removed.

Trustees voted unanimously this week to deny the special use permit application of artist Al Emmons, who with his family created the chimney ornamentation through their company, Creative Construction of Wisconsin Inc., for the home at 5595-97 Bluebird Court.

The opponents have interesting ideas of their rights:

"It's changed our way of life. It has infringed on our privacy. It has caused a lot of heartache on the street," said Ardith Weitkunat, a Bluebird Court resident. "This is totally inappropriate for the top of a house."

Legislation of taste and the right to not see things one wants to otherwise it infringes on privacy. It's right in the Constitution, somewhere; if we bothered to read it, we could tell you where.

Situations like this underline how few rights you have ceded as a property owner, citizen. If the neighbors don't like what you want to do with your property, you cannot do it:

"That's what upset me the most. He wasn't given permission to do this," he

said.

Of course, municipalities want to preserve property values or preserve heritage. You don't want to have a junk yard next to your house!!! Well, most residential property, especially in municipalities that are zoning-happy, rapidly price themselves out of the junk yard market. Businesses in residential areas will serve residents. You're not going to tear down a subdivision of $40,000 homes to put in an animal rendering plant.

But once again, when you begin ceding your rights about what you can and can't do with your property, you won't stop. You cannot decorate as you want, then you cannot smoke in your home or shop, and then you won't be allowed to drink soda or eat fast food there (in case The Children would get fat because you do).

There's no line that divides one prohibition from the next, no principle which would preclude the other, regardless of how one rationalizes.

Hence, we should Save Blue Bird!

(Submitted to Outside the Beltway's Traffic Jam.)

- posted by Brian J. @ 9:55 AM