John Chapman (Johnny Appleseed) never made
it as far west as Douglas County, South Dakota. That is a good thing. He might
have needed a permit before planting a tree in that county.
According to recent news reports, the county claims Gordon Heber must have a
permit to plant trees on his own land. They have denied him a permit, and he
has taken them to court.
Attacks on the rights of property owners are not new in this country. Congress
has been doing it for years.
This is different. This is an assault on property rights by the local
government. What are we saying when the government says a man can't plant a
tree on his own land?
How can planting a tree threaten public health? (It if carries a disease it
might.) Is it a threat to public safety? (If it blocks the view at an
intersection it might be.) Does it harm the general welfare? (If it is a
noxious weed it might.)
Generally our government encourages tree planting on the theory that doing so
promotes the general welfare.
Somewhere we have crossed the line between regulating to protect the basic
rights of others, and regulating for the sake of regulation.
Do we really want a society without fundamental freedoms? Free speech, freedom
of religion, family and protected private property in the hands of the average
citizen are the building blocks of our nation.
An attack on these fundamental freedom and values is an attack on society
itself. Are we ready to self destruct? Not if South Dakotans have anything to
say about it.
Here is the problem, and it comes up more often than you think in local zoning
issues: everyone gets lost in arguments over tangents. Somebody's feelings got
hurt. Somebody got angry. Somebody was rude. Somebody doesn't like newcomers
changing things.
None of those things have anything to do with the real question, which always
should be, "What is the government's proper role here?"
This landowner wants to plant trees near a waterway. The waterway is either
federal or state. There is no other kind. Both federal and state agencies have
approved the project.
What is the proper role of a county in such matters? That is the question
local voters and county commissioners need to debate among themselves. If we
become lost in a web of tangents, a judge will decide after much delay and
expense.
We waste much when we lose sight of the real issues. At such times, we need to
remember people like Johnny Appleseed, whose father was one of the original
Minutemen at Concord.
Preserve the fundamentals foremost, and all else that is worthy will be
preserved.
