Tuesday, November 27, 2007

How laws and sausages are made

Laws are like sausages, it is better not to see them being made. Prince Otto von Bismarck

Over the past several months I have had the pleasure of working on the Mineral Coutny Clean Up Committee. The purpose of the committee lay in trying to formulate a law to address abandoned and unsafe buildings. Many on the committee had ideal responses to this issue formulated in their heads before getting to work.

Include me among them. Private property counts as one of the most sacred rights granted to man. Not the right to have it, but the right to work to earn it, then enjoy the rewards of that work. Interference with property rights ought to only occur after careful consideration. Property gives a man, or a woman, or a family a sense of stability and permanence. It is their rock against the slings and arrows fired by life in the real world. I saw no purpose in the ordinance myself (on that point I agreed with Gary Howell and many others), but felt that working with the committee might help create a law with less problems for average owners.

The real world often intervenes with how we view the world ideally. The county commission had a strong interest in seeing an ordinance established. Governor Manchin pushed these actions at the county level by threatening to withold funds. An ordinance would occur in some form or another. The key lay in getting a law that would be as fair as possible to property owners.

Regardless of how the press covered these meetings, they were at times contentious. Gary Howell and his supporters fought hard for a law that would limit government authority, strictly define its actions, and provide maximum protections for property owners, especially the poor and middle class. Others wanted a law that granted more robust powers and a more loosely defined authority to the county. Verbal battles raged over these issues and others. Like almost any heated discussion, the real fight lay over what fundamental principles would serve as the foundation for this law. It was agreed at one point to use a similar ordinance created by Raleigh County as a template and change it to fit Mineral County.

At the end of the day both sides got some of what they wanted. Many irrelevant terms such as "blighted area" and "junked vehicles" were expunged from the ordinance. Otherwise they might have opened a slight crack in the legal door for laws that could affect people's rights in other areas. The most obnoxious parts of the Raleigh County law lay in extremely oppressive fines, but these were mitigated somewhat. However Howell and his supporters were unable to secure a specific sliding scale of fines and time needed to complete repairs based upon income. Proposals to grant special grace periods to the disabled and those in federal poverty programs were also rejected.

Serving on a committee such as this one was a rewarding experience. Everyone who has the time, patience, and the concern for their community ought to participate in something like this at least once. Like Chancellor von Bismarck tried to explain, this was not always a pretty sight. However raised voices, argument, and dissention mean that at least two people care about their community and the people in it. Bismarck said it is better not to see laws being made, but on the other hand he did not govern a country that valued democratic republican government as we do.

I can't speak for sausage making, but take the opportunity to watch a law being made. Whether or not you like the experience, you will definitely learn a lot.




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