I'm not a lawyer, either, but I do know that, unfortunately, the Fifth
Amendment is a restriction on government action, not private (e.g.
contracts such as CC&R's).
That's not to say that the basic principle can't be applied here in arguing
against CC&R's -- the rights of owners to do what they will (within reason)
with their property tends to strike a chord. In my opinion, though, the
strongest argument to be made is a utilitarian one: hams provide a unique
and valuable social service, one which is being eroded by the widespread
implementation of CC&R's. It's a balancing act, and right now, the line is
being drawn in the wrong place.
Several here have already noted a very good idea: the gathering of evidence
regarding whether towers and antennas actually lower property values in
communities. If they don't tend to do so in actual practice, much of the
reasoning behind CC&R restrictions on antennas is debunked outright.
The FCC's argument regarding mobile rigs is (IMHO) a cop-out. I personally
believe ham radio will be largely finished as a public service and as a
hobby if it is limited to a few lucky (and/or wealthy) property owners and
a fleet of mobiles.
Jonathan Williams, N0YM
>Date: Mon, 31 Dec 2001 19:58:31 -0800
>From: "Mike" <W4EF@dellroy.com>
>Subject: Re: [TowerTalk] Is the FCC sharp? Is ARRL counsel swift?
>Seems to me that the question of erecting towers is really a property
>rights issue. Not really sure though how private property is protected
>under the U.S. Constitution. With a few noteable exceptions, it is sparsley
>mentioned in the text:
>"No person shall be deprived of life, liberty, or PROPERTY without
>'due process of law.' " - U.S. Constitution, Fifth Amendment
>Guess that is why I am not a lawyer :):)
>73 de Mike, W4EF.....................
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