Question: Who “owns” these trees?
A government regulation forces you to buy and plant trees on your
property. Next the government requires you to trim “your” trees at your
expense in a required manner. If you think that you own the trees
you purchased and planted on your private property and you decide to
trim them the way you want them trimmed, the government fines you for
improper tree trimming.
The N&O editorial board is clear in its answer to the
question. It believes that “Raleigh must continue aggressively
protecting “its” priceless stock of trees.” The N&O believes that
even though Leith Auto purchased the trees and planted them on its
property, the trees belong to all of us and that government is
justified in fining Leith Auto $57,000 for improper tree
trimming.
This seems to be the opposite of a “takings.” It is a
“puttings.” It is an obvious violation of the Third Amendment to
the constitution: “No Tree shall, in time of peace be planted on
any private property, without the consent of the Owner, nor in time of
war, but in a manner to be prescribed by law.”
Oh, I forgot we are in a “time of war.” Perhaps quartering of trees is
included in the “Patriot Act” as an anti-terrorist measure.
