(By Phyllis Klosinski, Brown County resident)
ATTENTION to all Indiana Conservancy District freeholders, there is an urgent need to protect your rights. (If you aren’t sure what a conservancy district is, please learn about it here.)
The Indiana Ct. of Appeals issued Opinion No 07A01-1008-PL-429 on April 12, 2011. This cause was filed to protect the individual rights of freeholders claiming the Cordry Sweetwater Conservancy District was exceeding statutory authority. There is much to this story and this is just an initial post to get all taxpayers informed of the damage a conservancy district can now do to individual rights as a result of this opinion. This is an important lesson in statutory construction, and judges legislating from the bench, all to be brought to light in following posts. Where are the state agencies controlling conservancy districts in this? ……… ABSENT…….. details to follow.
Critical to this post is the following quote from page 10 of the Opinion.
“We do not read the District’s purpose so narrowly. In fact, Indiana Code Section 14-33-23-6 provides that the article regarding conservancy districts “shall be liberally construed to accomplish the purpose of creating districts by which local water management problems can best be solved”. The District’s purpose does not limit its ability to regulate the collection, treatment and disposal of sewage to establishing a public sewage system. Rather, the District has the ability to regulate all collection, treatment, and disposal of sewage, even the collection, treatment, and disposal through PRIVATE septic systems.”
The approved purpose of this District statutorily is: “IC 14-33-1-1-(5) Providing for the collection, treatment, and disposal of sewage and other liquid wastes.” When do regulations over PRIVATE septic systems equal PROVIDING for?
All freeholders be aware the liberty controllers in your districts now have the authority to take over every aspect of your individual rights under the ability to liberally construe the Conservancy Act. Does anyone see any problem here? The full story exposing the extent to which this District has seized unauthorized authority will follow.
Please join the Libertarian effort and check your local elected officials and what is being done to you and compare it to the reality of Rule of Law. The Libertarian Party has links and information which can assist you in protecting your Liberty! Contact us, join us, stand with us,it is every life we protect!