Mar 062012

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

 Posted by at 8:33 pm

  One Response to “Why Are Municipal ETJ’s Unconstitutional?”

  1. The Declaration of Independence, our founding document states,

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, DERIVING THEIR JUST POWERS FROM THE CONSENT OF THE GOVERNED…”

    The inference here is that a government that is not elected by its constituents does not have just powers to govern that group of people. When a city government expands its jurisdiction beyond its voting population to territory in another jurisdiction, that constitutes an unjust authority because the people have no ability to overturn any policies forced upon them by rulers they never put into power and have no power to recall.

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