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ARIZONA COALITION TO PROTECT PERSONAL PROPERTY RIGHTS
acpprteam@yahoo.com
What you will find on this page is alarming and shocking to every American who believes that the Constitution is still the Supreme Law governing our country.
The Arizona Coalition to Protect Property Rights (ACPPR) is a group of very concerned property owners that hold acreage in and around the Wittmann, Arizona area which is about 15 miles north of the greater Phoenix area. is currently working to unite property owners to prevent their property rights from being taken away by Arizona ARS 28-8481 was originally passed to ostensibly protect Luke Air force Base from enroachment which reportedly lead to a shut down of the base by the Base Realignment and Closure Commission (BRAC).
Originally the law, which prohibits any building, was retroactively passed and with absolutely no notification to the affected citizenry. The State of Arizona, quickly realizing the error of their ways enacted a Grandfather Clause which protected pre-existing homeowners. Subsequently, for the last several years, the 450 affected famlies lived in complete harmony with the operations of Luke Air Force Base.
In March of 2008, Arizona Attorney General, Terry Goddard, at the request of Phoenix's west side cities and towns (e.g., Peoria, Glendale, Surprise and Avondale) issued a legal opinion http://www.azag.gov/opinions/2008/I08-003.pdf which retroactively strips away all property rights and is in fact, constitutes a regulatory takings. Wittmann area citizens face the real danger of incurring damage to their homes (e.g., monsoon storm damage, fire, etc.) and not being able to obtain a permit to rebuild. If any of the members of our community have a job transfer, they will have nearly an impossible time selling their homes. Like most Americans, Wittmann residents have their life savings tied up in their homes. The Attorney General's Legal Opinion gives the citizens of Wittmann, Arizona the dubious distinction of being the most beleagured community in the United States in which government can arbitrarily seize property rights and slowly force 450 families off of their land over time. The citizens of Wittmann stand upon the precipice of an economic Armageddon.
On the surface, ARS 28-8481 simply looks like an honest attempt on the part of Attorney General Goddard to protect and to preserve its military bases from encroachment. However, there is nothing honest about the statements and actions of presumed Democratic Gubernatorial candidate, Terry Goddard, when one objectively considers the glaring inconsistencies of the Attorney General's Legal Opinion.
1. ACPPR spokespeson, Dave Hodges, has had extensive contact with the Pentagon and the Luke Air Force Base's superior officers at the Air Education and Training Command (AETC). Dave cannot find anyone from the Air Force who says that the local base needs to restrict the lands of the Wittmann area residents. Colonel McAndrew of the BRAC Commission told Dave and Nora Hodges that the law was unneeded and that "Arizona has some really bad politicians." Air Force crash zone expert and local Luke Air force Base advocate, Bill Lipscomb, states that Air Force does not use local officials to procure land by using state and local offiicals to arbitrarily seize citizens property rights without compensation. Mr. Lipscomb states that Terry Goddard is grandstanding on the false flag operation to "Save Luke" in order to enhance his chances of becoming Arizona's next Governor." This is an amazing statement when one considers that there has not been a more ardent supporter of protecting Luke from encroachment. Mr. Lipscomb used to write a regular column in the Arizona Republic on the importance of Luke Air force Base to the local community. Mr. Lipscomb's statements must be considered very seriously when he states, "the homes in Wittmann pose no threat to base operations." His belief is supported by the fact that BRAC Commission did not close Luke, in 2005, with virtually the same once acre homes in place as they are today.
Dave Hodges has been repeatedly been told by Pentagon and Air Force officials that if the Air Force needed their private land to preserve base operations, the Army Corps of Engineers would appraise the land to be seized under eminent domain statutes and the Department of Defense would be making an offer and issuing a date for propety pwners to vacate their properties. These statements are bolstered by federal law when on considers the following:
ARS 28-8481: A Wolf in Sheep’s Clothing: The Ultimate Charade and Betrayal of Trust by the Arizona Attorney General, Terry Goddard, and the mayors of Surprise, Glendale and Peoria (Westmarc) http://www.acq.osd.mil/installation/reinvest/manual/dbcra90.html#s2903
PUBLIC LAW 101-510 GOVERNING THE CLOSURE AND RETENTION OF MILITARY BASES: "In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation."
This notion that the law is meaningless is reinforced by Raymond Dubois, the Pentagon’s chief architect for the 2005 BRAC Base closures when he told LA newspapers that “If local governments think they can lobby and spend lavish amounts of money to influence the closing of bases, they are wasting both their time and money."
The largest housing development in the Wittmann area, Patton Place Estates, has formally been approved by the Air Force for development.
A. In a 4/28/04 letter to Maricopa County and to the bullder of Wittmann's biggest subdivision builder, RJ Springer, Luke Air Force Base's (RET) Lt. Colonel, James R. Mitchell, speaking for the 56th Fighter Wing Vice Commander, Col. Dennis Rea, stated "Patton Place is OK....."
B. In testimony before the Maricopa County Board of Supervisors, on 05/05/2005 Luke Air Force Base officals recommended that the County formally approve the completion of Patton Place Estates.
2. The F-16 fighters fly over 200,000 people and over 20 air miles to reach the people of Wittmann. Once in the Wittmann area, the planes fly instrument approaches and do not take off or land. This practice predates the issuance of the Terry Goddar's legal opinion. Nearly every homeowner in Wittmann has lived in the area prior to the law taking effect. Ex Post Facto laws are illegal under the United States Constitution. So, why are Wittmann people being singled out for these flagrant violations of the United States and Arizona Constitutions? Why has their property been downzoned to virtually nothing without so much as one dime being offered for compensation? For the answers to these questions, please consider the following:
3. The very law which prohibits Wittmann, Arizona citizens right to repair, rebuild and sell their homes, would allow a WalMart, a car dealership or a factory to fully operate, without restriction, where Wittmann homes now lie. Encorachment upon a base is encroachment regardless of the structures. How can a 10 acre factory with 200 employees constitute less of a threat to base operations than the same 10 homes on 10 acres with a total of 40 residents?
SINCE IT IS OBVIOUS THAT THE TRUE OBJECTIVE IS NOT THE SAVING OF LUKE AFB, THEN WHY WOULD GODDARD AND THE WEST VALLEY MAYORS BE WORKING SO HARD TO DRIVE WITTMANN PEOPLE OFF OF THEIR LANDS WITHOUT PAYING THEM FOR THE SEIZURES? PLEASE READ ON.
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 THE GODDARD & THE WESTMARC AGENDA
In his correspondances with Maricopa County, Terry Goddard has repeatedly stated that residents of Wittmann are in compliance with the law and pose no threat to Luke. He has also previously praised the efforts of Maricopa County by stating that the County was doing a fine job in balancing property rights and protecting Luke AFB. Goddard's Legal Opinion allows a business to operate where the Wittmann homes now sit. Why Mr Goddard? Whose interests is Goddard really serving?
The truth is that Goddard was approached by Westmarc (www.westmarc.org) which is a consortium of the West Valley towns and cities and Westmarc asked Goddard to restrict as much residential development as possible.
In March of 2007, Westmarc lobbied the State Legislature and almost succeeded in getting the Legislature to enact draconian restrictions on the Wittmann area in which the residents would not have even been able to plant a tree. Before Westmarc attempted to subjugate the property rights of Wittmann, their lobbyist, Jim Norton, attempted to cut a side deal with ACPPR’s spokesperson, Dave Hodges. If Dave would have agreed to restrict the property rights of the vacant land owners in his area, he could have retained his property rights. Dave did not feel that he could sign away the rights of anyone. At first, Dave Hodges was puzzled as to why Westmarc was involved. However, in the ensuing discussions at the state capital, Dave learned that Westmarc wanted to desperately wanted to retain the industrial exception in ARS 28-8481 where a business can fully operate but a homeowner can do nothing with their property.
A visit to Westmarc’s web site demonstrates that the West Valley cities are the kings of public welfare to corporate entities in a practice known as Enterprise Zones (EZ)http://www.westmarc.org/westmarc-wmez . The stated goal of the Arizona Enterprise Zone program is to improve the economies of areas in the state with high poverty and/or unemployment rates.The program offers income tax reductions, premium tax credits and property tax reduction credits for big developers at the expense of the taxpayer. The Westmarc mayors cater to developers because developers make good campaign contributors and fattens their tax base far more than does residential development. The West Valley Mayors do not care about Luke or any other base. They want to develop the areas adjacent to Luke for their own gain and to hell with the base's mission. Meanwhile, these politicans must remove the residences in the Wittmann area because they are in the way of a massive industrial expansion. They don't have the money to legally acquire the land. Therefore, they must get help in slowly forcing the Wittmann people off of their land.
Enter Terry Goddard and his recent unholy alliance with the forces of Westmarc in his deprivation of property rights in the Wittmann area. Why? t is common knowledge that Goddard wants to be Governor in 2010. To accomplish this goal, he must obtain the support of Westmarc and its growing list of corporate welfare recipients. This is why Goddard changed ARS 28-8481 by taking away the Grandfather Clause.
In the next section, the true agenda is exposed and it is a truth that no American can ignore because we are all at risk to this newfangled effort to cheaply acquire land for nefarious purposes. . .
THE CANAMEX SUPER-HIGHWAY
For the past four years, Westmarc has aggressively lobbied to limit West Valley residential development near the planned CANAMEX Super-Highway. Yet, at the same time, they have advocated to allow industrial development where residential development is banned because of encroachment issues related Luke Air Force Base. Yet, the politicians lack a body. Namely, the Air Force and the Pentagon are conspicuously missing in all of this chicanery.
Westmarc and the Attorney General have conspired to engage in the uncompensated theft of private property rights in an unholy alliance in which is motivated by political and economic greed. But Wittmann is not the only area where Arizona property, adjacent to a CANAMEX, has been stripped of all property rights.
THE NAFTA/CAFTA AND THE CANAMEX CONNECTION
There are 4 present uncompensated geographic areas in Arizona which are retroactively encumbered by Terry Goddard. These areas are Tucson, Gila Bend, Yuma and Wittmann in the name of protecting a military base.
All four areas share one additional commonality: Each area lies on, or adjacent to the CANAMEX Corridor. In each case private property rights of its citizens are stripped away rendering the land lose most of its cash value. When one cannot sell, repair or rebuild, some/many will be forced to walk away and abandon their homes. Despite the presence of single family homes in the four areas, all four areas have been rezoned as industrial. Goddard’s ruling permits the industries to legally operate in the restricted zones.
When one calculates the odds that these four occurrences are simply coincidental, the probability is one in 1.2 billion. The estimated economic value of the CANAMEX Corridor to Westmarc is incalculable. But to these people, the cost of stealing the lands of 450 families is infinitesimal in the risk/reward paradigm.
In the Wittmann area, the Canamex Corridor runs up the Old Wickenburg Highway continuing on Vulture Mine Road where it will bypass Wickenburg (sort of ) and will hook up with US 93 to Las Vegas. Vulture Mine Road actually runs as close as 347th Avenue as it crosses Witmann on a diagonal. The residential development present in Wittmann has ceased The subsequent drop in property values will result in a ripple effect which will extend the short distance to Vulture Mine road and the future site of the Canamex Highway. The map is available on the following link.
http://www.mag.maricopa.gov/pdf/cms.resource/canamexroutes_995.pdf
Wittman To Be An Infrastructure Hub for CANAMEX
In order to be an infrastructure hub for an international corridor, the area would have to possess a major trucking route to connect rail, trucking and air transportation.
In the old town of Wittmann, the BNSF is installing a multi-modal railway station 800 yards away from an elementary school complete with toxic waste storage. Many in Wittmann have known for years that the City of Surprise annexed the old AUX 1 field so it could eventually be converted into a regional airport. Finally, Jomax Avenue will be expanded to a major 6 lane arterial highway connecting 355th Ave. (CANAMEX) and Grand Avenue which will connect into the AUX 1 and the BNSF facility.
CONGRATULATIONS WITTMANN! YOU WILL BECOME A MAJOR HUB FOR THE LARGEST INTERNATIONAL HIGHWAY SYSTEM IN THE WORLD. WESTMARC AND GODDARD THINK IT IS A SMALL PRICE TO PAY FOR FUTURE RICHES AND POLITICAL AND PERSONAL GAIN!!!!
Arizona point of entries for Canamex
To view the penetration of the Canamex into Arizona click on the following link and scroll down to the Canamex Point of Entry map. Note that Canamex runs adjacent to Tucson. The residents of Tucson have lost their Grandfather Clause protections in the same manner as Wittmann. The affected Tucson residents have lost all of their property rights in the name of saving Davis Monthan Air Force Base.
http://tpd.az.gov/gis/maps/pdf/Section%20Eight.pdf
In the next section, you will discover that Wittmann, Tucson, Gila Bend and Yuma are not alone in their suffering as we take a look at what is happening in Texas.
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WE ARE NOT ALONE
In Texas, residents are dealing with their own international corridor system known as the Trans-Texas Corridor. Texas is being carved up into a series of toll roads which have been leased to King Juan Carlos. It is estimated that the TTC will cost eventually cost the average Texan $5,000-6,000 per year in highway tolls.
In Texas, local officials are not using the military as an excuse to steal their lands at greatly reduced prices. The need for the international corridor crowd to acquire land quickly is of the upmost importance. Texas enacted a 90 Day Quck Take in which the TTC makes a ridiculously low offer. Of course, the land owner sues and the matter goes to court. However, on the 90th day, even if the matter is in court, the offer price must be accepted and the owner must vacate their land.
In Arizona, the need is not as urgent. Therefore, Goddard, Westmarc and their developer friends can take their time and slowly and inexpensively force people off of their land by refusing to allow the residents to sell, repair or rebuild. Since the average American moves an average of every 5 years, it is just a matter of time until most of the 450 families are forced off of their land. Sound outrageous? Godddard put an end to the speculation by banning all development where he is only blocking residential activity.
To find out more about the international highways that you will be asked to fund and then pay to tolls on, please visit these web site and watch these short videos.\
http://www.infowars.com/articles/nwo/trans_texas_corridor_alex_jones_on_lou_dobbs.htm
http://www.youtube.com/watch?v=EOWKs-wC2ek
http://www.youtube.com/watch?v=BwrQhiuX35E
http://corridornews.blogspot.com/2006/02/trans-texas-corridor-dollars-tribute.html
TOLL ROADS IN PHOENIX AND THE WITTMANN AREA
And if the rest of the country does not think that toll roads on these international superhighways is not a reality, look at what ACPPR members found on the Pima County Gvoernment web site where they discuss toll roads on the Westside of Phoenix on a highway under construction.
Mr. Liosatos mentioned a new transportation-related Senate bill (SB 1042) on Private Toll Roads that would remove some of the hurdles to putting in toll roads. The bill further states that ADOT must award the contract and have the toll road under construction by 2010. This particular toll road is between the intersection of the Loop 303 and 75th Avenue intersection (Phoenix)….. Although there will likely be a drain on state finances to build this toll road, the bill opens up the issue of toll roads in the future.
FROM THE Pima Association of Governments
http://www.pagnet.org/documents/Committees/TPC/PAGTPC-2008-01-09-Minutes.pdf
When the Nazis came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for me,
there was no one left to speak out
Terry Goddard Arizona's next Governor?? Let him know what you think
Attorney General Terry Goddard
Office of the Attorney General
1275 West Washington Street
Phoenix, AZ 85007
602.542.5025
800.352.8431 (toll free)
Fax 602.542.4085
COMING TO A COMMUNITY NEAR YOU!!!!!!!
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