Request for Comments "Real Estate Workshop" #00031

Submission Number:
00031
Commenter:
McCallister
Organization:
State:
Texas
Initiative Name:
Request for Comments "Real Estate Workshop"
A few years back, in a cable news interview, the then Texas governor described the typical workday of his attorney general. "He comes to work, grabs a quick cup of coffee, sues [masked surname] for eight hours, then goes home." It was a poignant moment in primetime television with a two part lesson. One, don't mess with Texas. Two, a good attorney general knows his state's rights and actively defends them. When somebody refers to a puddle of water in his state as a "federal wetland", he hears "tent cities" and "district reshuffling". He sues before day's end. It's incumbent upon state attorneys general to tune into this FTC/DOJ workshop. What's at issue is the following: In these modern and progressive times, are the "virtues of open data" benefiting the masses superior to state constitutions defending the rights of land owners? Is English common law still needed or should we go in a different direction? Currently, state constitutions confer upon property owners seven absolute property rights. They include an owner's right of control. He can market or not market his property in a manner that only he chooses. They include an owner's right of disposition. When he sells, he sells without interference. He should never be subjected to anyone peddling compilations that force him to lower his price. In the federal law, state laws are "laws of the United States". They're civil rights. What activities would give rise to a prohibited deprivation of rights? Does a long period of non-enforcement constitute an implied waiver or is liability strict? Have any of the attending corporations ever authored legislation that became federal law?