Nathan Beason: Measure W violates no one’s property rights |

Nathan Beason: Measure W violates no one’s property rights

Among the several false and misleading statements put forth by the opponents of Measure W, one of the most egregious is the notion that the measure somehow violates property rights. What utter nonsense. The real victims are those who have to endure the nuisance effect(s) embedded in outdoor grows.

There is no unconstrained right for persons to conduct any activity on their property without regard to its impact on others. All property owners have the right to own their property and the right to be free from unreasonable, unwarranted and unlawful uses by neighbors. For example, if your pot grow constitutes a nuisance to other property owners, you are violating their right of “quiet enjoyment” of their property. Nuisance laws represent the balancing of property rights- the right for one to make a reasonable use of property without impeding the right of neighbors and the community as a whole to the quiet enjoyment of their property.

Local government has a right to enact nuisance laws to protect the community as a whole and to balance the rights of all landowners, not only rights of a few who attempt to prioritize their rights over those of others.

Nathan H. Beason, 1st District supervisor

Nevada City

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