Against the Bill

The Ozarks Property Rights Congress and all of its branches are devoted to protecting private property and private property owners from infringements of enjoyment and usage as well as constraints on use from any source.

 HB 209 represents a dangerous constraint on use and enjoyment for many while securing the use of property for a few. As such, we are against this bill, and all other bills that are similar to HB 209.

In particular, we find the constraint of the cap on the fair market value of a property to be repugnant to common sense. The market values and availability of property fluctuate, particularly in this economy.  There is no provision of compensation for relocation costs incurred by someone who is unable to any longer enjoy their property due to their neighbor’s property usage.

 Let’s not pretend. If the operation of a large CAFO has rendered a private property unusable by an adjacent or nearby property owner, the fair market value of the property in question is going to be reduced. Also, the only entity interested in procuring the property will likely be the entity that made the property uninhabitable to begin with. This is decidedly unjust, and certainly does not insure a level playing field to all affected parties.

 Currently, in the State of Missouri, we can seek remedy for violations of our use and enjoyment of our private property in court, and the establishment of CAFO’s can be handled locally by those affected by that type of property usage. This bill would remove that capacity for remedy.

 If there were a clause in this bill constraining the limitations established herein to new property owners who, with knowledge and therefore implied consent, moved in next to these types of operations and then decided to file suits against an occupant who had well established prior usage and a sound operational history, we might be able to consider being neutral or possibly even supportive of the bill. Such is not the case.

 This bill is effectively providing eminent domain for agribusiness enterprises, which continue to consolidate markets and have negative affects on local communities and adjoining property owners. It implements state wide zoning that favors consolidated corporate interests above independent private property owners and does not protect prior possession and usage. As such, we stand against this bill.

 It is never the right of a property owner to destroy the use and value of another property owner. This bill would enshrine in statute the ability of one type of property use to prevail over all other types of property use and enjoyment. It is not fair, it is not just, and it far from reasonable.

 The system we have in place is sufficient and affords private property owners the ability to both protect and use their land. It is not broken, so don’t fix it.

 We urge the Committee to vote NO on HB 209 and all similar bills.

 Thank you for your time today.

 Doreen Hannes
 Ozarks Property Rights Congress
 (417) 962 0030

Cloture Vote on S 510 Monday, November 29

Please Call the Senators Below

On Monday, November 29, a cloture vote on Senate Bill 510 will determine if the bill then goes immediately to the Senate floor for a final vote.  Cloture requires 60 votes.  If there are fewer than 60, the bill will not go forward.  Let’s make sure the cloture vote fails.
PLEASE CALL ALL THE SENATORS IN THE LIST LINKED BELOW AND ASK THEM TO OPPOSE CLOTURE AND OPPOSE S 510.

The votes of these “targeted” Senators could make all the difference.  Even if they are not your Senators, please call them at their District Offices and, using the Talking Points below, ask them to oppose cloture and oppose S 510.
 
Why Senators Should Oppose S 510
 
S 510 threatens the existence of small, independent farms and will limit the food choices of consumers. As written – even with the proposed amendments – the bill is fundamentally flawed. S 510 will not improve food safety. Instead it will bury farmers in regulations and paperwork and consolidate agricultural production into fewer, larger industrial facilities.
 
 The FDA has authority to inspect processing plants and imports, yet it inspects less than 1% of imports and less than 25% of the processing facilities it is authorized to. FDA claims it does not have the resources to carry out these inspections, yet it has the time and personnel to harass Amish farmers, raid food clubs, and pull over individuals who are transporting privately purchased fresh milk and make them dump it on the roadside.
 
 S 510 would increase the cost of U.S. grown and produced food and extend the authority of international trade agreements onto small farms.  Inspections and audits of farming and harvesting processes will cost farmers in upfront expenses just to exist.  Even if they are not participating in direct or local sales, they will have to assume the audit and inspection costs as well as develop HACCP type plans. Larger corporations will not need to buy from domestic growers – they can import from countries with lower infrastructure costs to offset the expenses S 510 regulations will force on U.S. producers.
 
 There are many reasons to oppose S510, but the fact that the FDA has stated in court that you have no right to consume any particular food, no right to bodily or physical health, and no right to contract is sufficient reason to not give it any more authority over your food than it already has.

 Please call your Senators and the other Senators listed below and tell them you are smart enough to decide what you want to eat:
 
Talking Points
• S 510 will eliminate the only productive sector of our economy – small farms and local food. The Tester amendment still puts additional paperwork, record keeping and scrutiny onto direct marketers.
• The FDA fails to do the job it is charged with doing. Tell FDA to inspect the imports and the plants it has the authority to inspect and stay out of farming.
• The rules and regulations the FDA will promulgate under S510 will harm our ability to get food that we want to eat. Tell FDA instead to require truthful labeling and disclose genetically modified products on labels. This would create a safer food supply and not harm the small family farmer.
• S 510 will create even larger governmental bureaucracy, and the estimated costs don’t include costs to individuals who actually produce food.
• S 510 opens the door to violations of due process including illegal search and seizure and suspension of judicial review.  
 

ACTION: 

  Please call the Senators in this list – at their District offices – as well as you own two Senators, and tell them to oppose cloture and oppose S 510.
Lamar Alexander – cosponsor R-TN – 202-224-4944  (423) 752-5337 (731) 423-9344 (865) 545-4253 (901) 544-4224
Judd Gregg – co sponsor R-NH- 202-224-3324 (603) 225-7115 (603) 622-7979 (603) 431-2171 (603) 752-2604
Mike Johanns – didn’t vote R-NE- 202-224-4224 (308) 236-7602 (402) 476-1400 (308) 632-6032 (402) 758-8981
Lisa Murkowski R-AK – 202-224-6665 907-456-0233 907-271-3735 907-376-7665 907-225-6880
David Vitter -cosponsor R-LA- 202-224-4623 (318) 448-0169 (318) 325-8120 (318) 861-0437 (504) 589-2753
George V. Voinovich R-OH- 202-224-3353 (216) 522-7095 (740) 441-6410 (513) 684-3265 (216) 522-7095
Scott Brown – not reliable R-MA- 202-224-4543 (617) 565-3170  
Susan Collins R-ME- 202-224-2523 (207) 622-8414 (207) 945-0417 (207) 283-1101 (207) 493-7873
Olympia J. Snowe – up for reelection in 2012 R-ME- 202-224-5344 (207) 622-8292 (207) 945-0432 (207) 282-4144 (207) 874-0883    
Jim Webb – up in 2012 D-VA- 202-224-4024 434-792-0976 757-518-1674 703-573-7090 804-771-2221
Jon Tester – up in 2012 D-MT- 202-224-2644 (406) 252-0550 (406) 586-4450 (406) 452-9585 (406) 723-3277
Ben Nelson D-NE- h202-224-6551 (402) 391-3411 (402) 441-4600 (308) 631-7614 (308) 293-5818
Herb Kohl D-WI- 202-224-5653 (715) 832-8424 (920) 738-1640 (414) 297-4451 (608) 264-5338
Bill Nelson cosponsor, switched from yea to nay, up for reelection 2012 D-FL 202-224-5274 407-872-7161 305-536-5999 813-225-7040 561-514-0189
Kent Conrad D-ND -  202-224-2043 (701) 852-0703 (701) 258-4648 (701) 775-9601 (701) 746-1990
Tom Carper D-DE- 202-224-2441 (302) 573-6291 (302) 674-3308 (302) 856-7690
Claire McCaskill D-MO – 202-224-6154 314-367-1364 816-421-1639 417-868-8745 573-442-7130
Robert P. Casey, Jr. – cosponsor D-PA 202-224-6324 (215) 405-9660 (412) 803-7370 (866) 461-9159 (814) 357-0314
Sherrod Brown D-OH -202-224-2315 (216) 522-7272 (513) 684-1021 (614) 469-2083 (440) 242-4100

Please join:  National Independent Consumer and Farmers Association (NICFA), Campaign for Liberty (John Tate – President), Kristin Canty – Director of “Farmegeddon” the movie, David Gumpert – author of “The Raw Milk Revolution,” www.TheComplete Patient.com, and the www.Ozarks Property Rights Congress.com in

OPPOSING cloture and OPPOSING S 510.