Tim Hawkins provides spot-on insights about our Federal Government.

Enjoy!

Clay Herrmann

As James & Julie Williams tell it, the U.S. Department of the Interior, National Park Service appears to be engaged in a process of intimidating and bullying private citizens, spending uncounted thousands of taxpayer dollars in an Orwellian effort to appropriate a little more land into Hot Springs National Park, Arkansas. Specifically at issue is an estimated .04-acre sliver of their “Rocky Roost” property located at 130 Forest Hills Trail. Both parties claim ownership, the Williams making their defence with deeds, historical records, and property law, and Park Service ownership assertions backed by the virtually unlimited resources of an out-of-control Federal Government including comfortably salaried federal bureaucrats and lawyers, and frightening intimidation by federal law enforcement officers, agents and contractors.

This picturesque potting shed, it’s construction permitted by the City of Hot Springs according to owners James and Julie Williams, sits on part of the disputed ground, and is threatened with bulldozing by the Park Service if not removed by the Williams.

James & Julie Williams addressed the Garland County Tea Party on March 21, 2012 about their ongoing battle with the National Park Service.

Clay Herrmann

The National Property Rights Alliance  and others assert that Municipal ETJ’s including the Hot Springs ETJ are Unconstitutional. It may feel “un-American” for City officials to control real estate matters infringing on the property rights of citizens outside municipal limits who cannot vote in city elections and are not entitled to city services … and that it surely must therefore be “Unconstitutional”.

Can definite and specific explanations be made with direct reference to the relevant parts of the Constitution? Or else arguments referencing other founding documents that inform understanding the Constitution? What argument could a lawyer make to a judge or a jury in court for ETJ Unconstitutionality?

I hereby invite my readers to take a stab at that question using the ”Leave a reply” feature below.

(Make reference to either the U.S Constitution or the Arkansas Constitution for your case regarding ETJ’s being Unconstitutional. ETJ’s are alleged to violate both.)

Clay Herrmann

The City of Hot Springs, Arkansas continues it’s violation of citizens property rights in the vast Planning Area around the city which it claims as it’s “Extra Territorial Jurisdiction” .  Last year, with considerable citizen activism and input, the Board of Directors voted on the question of whether or not to entirely rescind the ETJ. Mayor Ruth Carney and Director Peggy Maruther voted for the proposal to end the ETJ, but all of the other Directors said “no”.

Another approach to solving this problem is being pursued. As it turns out, Arkansas law provides that an election to change the City’s form of government back to a mayor/alderman form of government can be mandated by a petition signed by registered city voters numbering at least 15% of  the number of votes cast in the mayoral race in the previous election.

If the election measure is successful, the City Manager position, along with all of the Director positions would be done away with. A special election would be held for selection of new City Alderman, Mayor, City Attorney, City Clerk, and Treasurer/Recorder.  Absent an unelected City Manager, the mayor would be salaried and have “strong” mayoral authority. Department heads would be accountable to a mayor with hiring/firing authority, which will hopefully be exercised in the Planning Department, where Property Rights Violations of citizens in the ETJ currently finds it’s most zealous champion in the form of the Planning Director.

Alderman Candidates can expect to be questioned and examined about knowledge of the U.S. Constitution and their commitment to be faithful to it. Will the alderman candidate respect property rights of all citizens, and commit to promptly vote for repeal of the City’s Unconstitutional ETJ?

Clay Herrmann