Post by macmex on Oct 29, 2016 6:47:23 GMT -6
Folks, I’m open to input, but up front, I’ll tell you that I am REALLY suspicious of this amendment to Oklahoma’s constitution. Someone is spending a LOT of money to pass it, and I can tell you, it’s not small farmers. Here are some observations gleaned from the OPAC video linked below.
The text of SQ-777 reads:
“To protect agriculture as a vital sector of Oklahoma's economy, which provides food, energy, health benefits, and security and is the foundation and stabilizing force of Oklahoma's economy, the right so citizens and lawful residents of Oklahoma to engage in farming and ranching practices shall be forever guaranteed in this state. The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest.
Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements, rights of way or any other property rights. Nothing in this section shall be construed to modify or affect any statute or ordinance enacted by the Legislature or any political subdivision prior to December 31, 2014.”
I have tried to summarize the points in the video:
Read this part carefully: “Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements, rights of way or any other property rights.” In other words, SQ-777 STRENGTHENS eminent domain! If someone wants to put a road through your farm, this amendment actually gives them a stronger case for doing so!
Notice that it specifically states that nothing is going to change which is already in effect as of 2015. So, if you are having problems now, this amendment won’t help you in any way.
Also, by passing SQ-777, technically, all the laws in place prior to 2015 are not incorporated into the State Constitution. Now, if you do have a problem with a law instituted before 2015, it will be MUCH more difficult to change, as it will now have automatically become part of the Oklahoma state constitution.
Consider this portion of the amendment: “The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest.” It sounds good. But it is actually using a double negative. Hence, in a court of law, it could well be used to support a position exactly opposite of what it sounds like. A double negative cancels itself out and makes a “positive statement.” So, when you cancel out the double negative this is what’s left: The Legislature shall pass law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices with a compelling state interest.”
That means, when legally parsed, this amendment actually EMPOWERS the government to make laws amending the right to farm! All they have to do is say that they have a “compelling state interest.”
Another big problem with this amendment is that it will take matters out of the hands of legislation and place them in the hands of the courts, which are hardly accountable to the people. Judges could take a really broad definition of “compelling state interest” and use this amendment to make almost any decision they want. It’s almost like giving the courts a blank check.
The text of SQ-777 reads:
“To protect agriculture as a vital sector of Oklahoma's economy, which provides food, energy, health benefits, and security and is the foundation and stabilizing force of Oklahoma's economy, the right so citizens and lawful residents of Oklahoma to engage in farming and ranching practices shall be forever guaranteed in this state. The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest.
Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements, rights of way or any other property rights. Nothing in this section shall be construed to modify or affect any statute or ordinance enacted by the Legislature or any political subdivision prior to December 31, 2014.”
I have tried to summarize the points in the video:
Read this part carefully: “Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements, rights of way or any other property rights.” In other words, SQ-777 STRENGTHENS eminent domain! If someone wants to put a road through your farm, this amendment actually gives them a stronger case for doing so!
Notice that it specifically states that nothing is going to change which is already in effect as of 2015. So, if you are having problems now, this amendment won’t help you in any way.
Also, by passing SQ-777, technically, all the laws in place prior to 2015 are not incorporated into the State Constitution. Now, if you do have a problem with a law instituted before 2015, it will be MUCH more difficult to change, as it will now have automatically become part of the Oklahoma state constitution.
Consider this portion of the amendment: “The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest.” It sounds good. But it is actually using a double negative. Hence, in a court of law, it could well be used to support a position exactly opposite of what it sounds like. A double negative cancels itself out and makes a “positive statement.” So, when you cancel out the double negative this is what’s left: The Legislature shall pass law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices with a compelling state interest.”
That means, when legally parsed, this amendment actually EMPOWERS the government to make laws amending the right to farm! All they have to do is say that they have a “compelling state interest.”
Another big problem with this amendment is that it will take matters out of the hands of legislation and place them in the hands of the courts, which are hardly accountable to the people. Judges could take a really broad definition of “compelling state interest” and use this amendment to make almost any decision they want. It’s almost like giving the courts a blank check.
