Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, August 9, 1994 TAG: 9408250060
SECTION: EDITORIAL PAGE: A-4 EDITION: METRO
SOURCE:
DATELINE: LENGTH: Long
It seems that the city fathers were convinced that a bike path with an adjoining grassy strip was needed to ease traffic congestion that the owner's expanded business ``might'' cause. In essence, a city was legally stealing 10 percent of a businesswoman's property just because she wanted to ``grow'' her business and add on to her building.
The next day, the justices vacated a 1993 decision and sent it back for reconsideration. That 1993 case was just as weird: The owner of a private, failed tennis court had applied for a permit to raze the facility and build town houses. The city demanded $280,000 to offset the ``loss'' of the tennis courts, and an additional $33,220 as a fee for something called ``public art'' outside the project.
These decisions have reversed the overwhelming tide of legal theft and blackmail that localities all over the United States have imposed on property owners as conditions for building permits. Until now, if a city decided to take part of your property as a condition for issuing a building permit (or to take all of your property by not letting you build at all), it was up to you to show proof why the city couldn't do it. Now the burden of proof is on the city. No longer can property owners be held hostage by the sometimes irrational demands of local government.
For the first time ever, those of us owning property have the U.S. Supreme Court on our side when we demand justification from local government for high-handed decisions that go against our Fifth Amendment property rights. It's about time we remember that the Bill of Rights has always elevated the interests of individuals over those of society. Property owners have no less a right to protection than flag burners, nude dancers and draft protesters. Way to go, justices!
BILL CORBITT
VINTON
Area parks could be envy of Denver
WITH A little imagination and cooperation, the New River-Roanoke-Allegheny Highlands mega-region could offer tourists just as appealing a circle drive as the Denver Mountain Parks Circle Drive described on this newspaper's July 31 Travel page.
It would consist of already developed sites along the Blue Ridge Parkway, in the George Washington and Jefferson National forests, at Explore Park, Mill Mountain Zoo, Mountain Lake, and at city, county and state parks. It would include those wildlife-viewing areas in our region, listed in the soon-to-be-published ``Virginia Wildlife Viewing Guide,'' linked by existing roads.
Perhaps the New Century Council's quality-of-life team can recommend a suitable coordinating entity. I can see the Denver Post travel-section headline now: ``Roanoke's parks offer something for everyone.''
M. RUPERT CUTLER
Executive Director
Virginia's Explore Park
VINTON
Out-of-state funds should be regulated
MONEY, not merit, elects candidates to high office in Virginia, where the situation is unique and requires special attention.
Persons from other states go to the nation's capital for various reasons. Some find that living in Virginia is more desirable than living in Washington, D. C. This residency enables those with the backing of great out-of-state wealth to run for high elective office in Virginia.
When money is no object, the state is flooded with advertising and public relations of the highest quality. This means that candidates with greater ability and experience - who know what our state needs and wants, and who are respected citizens in their communities, but not known statewide - have no chance of winning over highly financed and widely publicized opposition.
To correct this unfair advantage, the General Assembly should either prohibit all out-of-state gifts to specific candidates, or establish a campaign commission to receive all contributions, which would be shared equally by all qualified candidates.
True Virginians should have an equal chance with wealthy candidates who are Virginians-for-convenience.
ERMINIE K. WRIGHT
ROANOKE
Police checkpoints are unconstitutional
REGARDING Brenda Altman's Aug. 1 letter to the editor, ``Is life worth a sobriety checkpoint?'': She fails to recognize the implications of any kind of police ``checkpoint,'' and people like her are as much of the problem in America today as the wanna-be dictators.
The Constitution's Fourth Amendment says: ``The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.''
The word ``effects'' means one's belongings or property. Since your automobile is your property, you should be free from unreasonable searches and seizures while driving, just as you should be in your home.
When you're stopped at a sobriety checkpoint, you're being temporarily detained by the police. If you don't think this is true, try saying that you don't wish to participate, and attempt to leave. If you weren't driving erratically, then you're being subjected to an unreasonable search for intoxication or whatever else. There's no probable cause and no warrant describing the reason for your specific detainment.
The methods politicians, judges and police have used to get around the Fourth Amendment should be cause for alarm. You don't have to be a Harvard graduate to understand that a police checkpoint goes against our Constitution.
Ms. Altman also argued that they're for our security. Isn't that what Stalin, Hitler, Castro, etc., told the people of their police states?
JEFFREY A. HAMMOND
ROANOKE
Crime bill silent on crime's No.1 cause
THE CLINTON crime bill makes no mention of any effort to control the No. 1 cause of crime. About 95 percent of crimes are alcohol-related. There are many ways lawmakers could reduce alcohol use, which is the door to other drugs.
Alcoholic beverages could be sold in ABC stores only, as was intended when they became legal. This would do away with the deceptive displays of fancy wine bottles in grocery stores, etc. Alcohol isn't a food. Put heavy fines on selling this drug in this way. The fines, plus a big tax increase on alcohol, would help pay off the national debt.
We need a law prohibiting all advertisements of alcohol beverages. Nonalcoholic brew is falsely labeled when it contains 0.5 percent alcohol. This is deceptive advertising and should be stopped. It gets folks on alcohol.
Why waste billions on the crime bill that doesn't address the cause? One thing in the bill, job training, might reduce robberies, and greater punishment for crimes may also help. But the rest of the bill won't help much. It will just increase the national debt.
Alcohol is also the No. 1 cause of health problems. By the year 2000, as estimated by the World Health Organization, alcoholism and related illnesses will be the biggest killer in the industrial world, ahead of heart attacks and cancer.
MABEL FRANCE
FERRUM
Support Coleman's independent bid
I STRONGLY believe in a two-party system, but I'm glad that our system of democracy allows independent candidates.
Marshall Coleman is seeking a U.S. Senate seat as a Republican independent. He appears to be noncombative, with a reasonable mind. That he is running again for public office indicates that he's very interested in contributing his talent and knowledge to his state. He says he needs citizens' financial support.
Coleman should be supported as another Republican candidate. It's imperative for citizens to know that if Oliver North is elected, North's opinions as a senator will be overruled from start to finish because of his unpleasant confrontation with a congressional committee on the Iran-Contra issues.
As a 40-year veteran voter, I've observed that the majority of voters are independent thinkers - they vote for the person of their own choice. To vote intelligently, citizens must dismiss the ``don't know and don't care'' attitude, and they should keep up with the news.
ZEMONE McMANAWAY
ROANOKE
by CNB