Private property protection.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0476.E1

HOUSE JOINT RESOLUTION
NO.
HJ0006

Private property protection.

Sponsored by:
Representative(s) Hunt, Eklund, Loucks and Shepperson and Senator(s) Driskill

A Bill

for

A JOINT R
ESOLUTION requesting Congress
to
refrain from enacting any laws which
restrict
private property rights in violation of the United States Constitution;
calling on the Wyoming delegation to Congress to resist the enactment of all federal laws which impinge on property rights; calling on all elected officials in Wyoming to recognize and protect property rights as guaranteed by the United States Constitution and the Constitution of the State of Wyoming.

WHEREAS,
private property rights, ownership, and use are embodied in the founding documents of the United States and the State of Wyoming, including the United States
Constitution
and the Constitution of the State of Wyoming
, as
undeniable, inalienable rights
; and

WHEREAS, private property is such property that belongs absolutely to an individual including, but not limited to, personal property, real property, land, air space,
water rights, improvements, livestock, crops, foodstuff and rights of beneficial use. The right to use private property is not limited to the mere right of occupancy, but includes the full bundle of rights to enjoy and use the property, including all aspects appurtenant to the property such as light
, space, air and
access
; and

WHEREAS, the right of beneficial use embodies the right to use and enjoy property free of egregious and overreaching government regulation so as to derive a profit or benefit from the property; and

WHEREAS, the fifth Amendment to the United States Constitution provides, in relevant part, "No person shall...be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."; and

WHEREAS
, Congress has enacted laws which unconstitutionally encroach on private property rights without due process and just compensation in violation of the fifth amendment to the Constitution of the United States; and

WHEREAS, the overr
eaching congressional laws have
led to the creation of federal agency regulations which further unconstitutionally impair property rights; and

WHEREAS
,
section 1 of the fourteenth Amendment to
the
United States Constitution provides, in relevant part, "
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
"; and

WHEREAS, article 1, section 6 of the Constitution of the State of
Wyoming
provides, "
No person shall be deprived of life, liberty or prop
erty without due process of law."; and

WHEREAS,
article 1, section 7 of the Constitution of the State of
Wyoming
provides, "
Absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.
"; and

WHEREAS, the elected officials of the state of
Wyoming
are charged
through
their oath of office with upholding the United States Constitution and the Constitution of the State of
Wyoming
.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF
WYOMING
:

Section 1.

That the
Wyoming
Congressional delegation and Congress take action to ensure that all laws which pass that body do not unconstitutionally infringe on private property rights.

Section 2.

That the statewide elected officials of Wyoming strive to ensure that all agencies and personnel under their control and direction respect and uphold private property rights in accordance with the United State
s
Constitution, the Constitution of the State of Wyoming and the laws of the State of Wyoming.

Section 3
. That all elected officials of political subdivisions of the state of Wyoming strive to ensure that all agencies, departments and personnel under their control and direction respect and uphold private property rights in accordance with the United States Constitution, the Constitution of the State of Wyoming and the laws of the State of Wyoming.

Section
4
.

(a)

That the Secretary of State of Wyoming transmit copies of this resolution to
:

(i)

T
he President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the W
yoming Congressional Delegation, with a request tha
t
the Wyoming Congressional Delegation take all reasonable and ne
cessary actions
consistent with this resolution and that
this resolution be officially entered in the congressional record as a memorial to the Congress of the
United States of America;
and

(ii)

To the statewide elected officials of the State of
Wyoming
with a request that they
take all reasonable and necessary actions consistent with this resolution
; and

(iii)

To all elected officials of political subdivisions of the state of
Wyoming
with a request that they take all reasonable and necessary actions consistent with this resolution.

(END)

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HJ0006