From the Front Lines: A Grassroots Property Rights Report

The Coalition for Property Rights

A state-level property rights education and advocacy organization

Working to give property owners a stronger collective voice in public policy debates impacting their individual rights

OUR MISSION is to educate the public and elected officials of the importance of property rights and to defend these rights against further erosion

CPR Founded in 2001 by Doug Doudney, a highly

respected Orlando property owner, investor, entrepreneur with a background in real estate and banking

CPR was founded to fill a huge vacuum at the local & state level

Our membership is broad-based, but we are primarily supported by property owners & professionals in property-related industries

CPR CPR would not exist, could not function on such a limited

budget, and our staff would not be able to discuss property rights issues with the degree of knowledge that we do – without having had access to some of the articles, research, publications and internet resources made available by organizations like CATO, the Heritage Foundation, Reason, Mises, PLF, etc…

CPR draws inspiration from state and national activist organizations like Oregonians in Action & Institute for Justice who recognize the political and media environment in which public policy is developed.

The Coalition for Property Rights At the grassroots level – where the rubber first hits the

road - among the general public, municipal officials and staff, state legislative levels, state agency levels & even among many members of congress, there is an amazing lack of awareness of the economic importance of protecting property rights

Life, liberty, property…may be something intellectuals understand, but was a critical mistake in terms of maintaining public awareness of property rights.

Everyone likes the term “property rights” and likes to say they support them…but when property rights become “development” this support disappears and NIMBYism/self-interests/emotions take hold.

CPR Activities Monitor local, state & federal actions and

court cases Testify in support of property owners at

local & state public hearings Communicate Directly with Elected Officials Public outreach to citizens groups Publish weekly issues updates Host educational Issues Forums Coordinate with like-minded groups/trade

associations Serve as a resource for property owners

and the media (i.e…FOX News segment)

Property Rights Built Florida

Property rights provided Florida’s pioneers, from our early cattleman to our citrus growers, from visionaries like Henry Flagler and Walt Disney, to today’s entrepreneurs re-developing our major city skylines – with the opportunity to build their

individual dreams.

Unprecedented Encroachment by Government

During the past few decades we have seen an unprecedented erosion of Property Rights at the Federal, State and Local Levels.

FL Status ReportFEDERAL

• Kelo v. New London – horrific - but opened the door to state level reform

• Rapanos – US Corp of Engineers active in FL• FL Stop the Beach Renourishment Case – CPR filed an

amicus brief in support of all water front property owners

• Williamson County – needs to be revisited – CPR participated via amicus brief in case which PLF was petitioning to have heard

• EPA new water /nutrient requirements• Green propaganda and well-funded NGOs driving

federal regulatory agenda (i.e…CAP&TRADE)

FL Status ReportSTATE• Comparatively, FL has strong eminent domain

protections for standard “whole takes,” state constitution > fair/just compensation +attorneys fees

• Post-Kelo – Passed both Statutory & Constitutional Eminent Domain Reforms – considered among the strongest in the nation

• Bert Harris Act (Unique Compensation Mechanism)• Florida’s Growth Management Act – 2nd zoning layer –

now enabling”micro-regulation”• Regional “Water Management” Districts - additional

state regulatory agencies• FL Supreme Court sided w/ govt. in Beaches case

FL Status ReportLOCAL • Rapidly expanding regulations – almost every conceivable

regulation you can imagine (municipal house color regs, tree-abuse regs, irrigation regs, 70% tax, eco-overlays, comp plan sub-labels creating micro-regulation areas)

• Perception of rapid growth – really 2-4% - Strong anti-growth/development (anti-property rights) public sentiment fostered by liberal news media who hate development, despite shrinking circulation #s. “Let’s close the door behind us.”

• No regulations being repealed, no relief for property owners or small businesses, despite recession & claims by officials that economic recovery is desired

• AT THE LOCAL LEVEL – City, County, State Agency Attorneys laugh when you suggest litigation - and for good reason – no downside to publicly-funded litigation - courts are upholding almost every “rational basis” no matter how irrational, as long as accompanied by any 1-2” thick study. No evidenciary basis is required + often ignore contractory evidence when presented.

PROPERTY RIGHTS ALERT

ANYONE NOT WATCHING THE INCREASE IN LAND USEREGULATION LOCAL LEVEL AND ACROSSAMERICA – IS MISSING AN ALARMING TREND.

“HEIGHT LIMITS” ARE BEING PLACED ON AMERICA’SECONOMY AND ONCE ADOPTED, WILL BE NEARLYIMPOSSIBLE TO REPEAL. (i.e…eco-overlays)

“We cannot win many games, when we have no team on the field.”

Grassroots Successes

CPR and Coalition of State Associations, with support of individuals writing, calling & emailing – “encouraged” the Florida Legislature and Governor Jeb Bush to REVERSE THE KELO Decision in FL.

CPR advised legislative leaders of the importance of Kelo – prior to its SCOTUS hearing. Framed the debate day of ruling – “We don’t need a band-aid, we need meaningful reform.”

CPR commissioned statewide public opinion poll by MASON DIXON polling & research – which showed overwhelming public support – across all party lines – for eminent domain reforms. Asked the question, “would you be more likely or less likely to vote for state representative/state senator if you knew they had publicly supported eminent domain reforms.”

Using paid professional staff and smart political tactics to fix a political problem.

Successes

Media Coverage – CPR quotes, commentary, oped pieces have been featured in almost every Florida, daily, business journals, etc.. in Florida, as well as business journals across the country, newspaper networks, papers such as the Wall Street Journal, Washington Times, Los Angeles Times, Boston Globe, etc…

City of Deltona – reversed a 6-0 decision to adopt a “super-tax assessment” on 200 property owners

Coalition efforts to fight local impact fees – Lake County Transportation impact fee (700 showed up) – Seminole County wastewater fee (500-600 citizens)

Most successful local fights involve coalition of associations – and filling the foyers/chambers with citizens – where TV news coverage is present.

National Threats to Property Rights A David v. Goliath fight – sometimes no team on the field. Increasing Regulation at all levels of government Lack of public education on founding values/economic

issues Lack of unity/unified focus among individuals and

organizations who witness or are impacted by very different property rights issues

Perception that “someone else” will step up and defend our rights

Understanding the extraordinary threat posed of the organized opposition – Green NGOs and cultural support for the Green agenda, being taught in our public schools and promoted by private companies and govt. agencies – spending millions/billions of dollars on anti-property rights messaging

Amendment 4 – FL’s “Hometown Democracy” - if it passes in FL, what states will follow?

Opportunities There is a huge vacuum in the public debate –

opportunity exists for citizens/organizations to increase communications activities.

National and state economic downturn has increased focus on economic issues.

You can now use the term “socialism” and not be labeled a radical – new appreciation for the over-reach of government.

There are small localized and state level property rights groups like CPR working in the trenches

Extraordinary opportunity exists to unite citizens from coast to coast, state-level groups like CPR, organizations working on select property rights issues (legal foundations & think tanks) into a powerful national force for change – revival /development of true and organized America’s property rights movement.

Opportunities Other highly successful similar grassroots lobbying

forces – NRA, AARP, NFIB, Audubon, Sierra Club – have a national organization with state and local chapters.

Increased # of free-market oriented organizations developing and focusing capital and manpower on property rights issues and research

Interest by public opinion leaders like Sean Hannity (eminent domain series) and Fox News’ recent series “It’s Your Land”

Members of the local media – especially TV news - are highly receptive to op-ed pieces and tapping “sources” on property rights issues…to add balance to their pieces.

New social media opportunities are still being developed every day…but we must realize these are an increasingly visual media and must develop visual stories.

Changing Public Policy If no political pain is present, no numbers

of voters communicating and attending meetings, participating in the political process -- policies will not change – as politicians have no motivation.

People = policy …. Change policy by changing the votes of people in office and by changing out the people serving in office > both requires grassroots political support which must be organized/funded.

Thank you !

Coalition for Property Rights

www.proprights.com