To the Editor:
Estelle Fennell was sworn into office Monday, January 7. One of her first statements as reported in the Redwood Times: "I hope to be able to work on a plan that includes sensible land use planning that respects the rights of property owners but also protects the environment. A nice balance that’s what I’d like to see."
Estelle was sworn in by taking an oath of office, which created a contract between her and the people. Her oath of office is to "support and defend the Constitution of the United States and the Constitution of the State of California," not her opinions: see Article XX §3.
Article I §1 of the California Constitution, the document she just took an oath to obey: "All people are by nature free and independent and have inalienable rights." Inalienable means that which cannot be changed or restricted in some kind of "balance." Apparently Estelle never noticed the word "rights" in the title Coalition for Property Rights. The only reason such a group is needed is because our representatives no longer obey their oath.
The definition of a right, Estelle, is that it is absolute. The people are sovereigns and own no duty to anyone until they cause injury to a person, their property, or breach a contract. Building permits are contracts. Any restriction on a property owner’s rights is a 5th Amendment taking a violation of due process of law: no victim, no crime, no corpus delicti, no remedy is insufficient pleading, a demurring.