Posts Tagged ‘Private Property’

Residents of Idaho’s “Pro-Gun” Citadel To Be Tenants, Not Owners/Members Of An HOA

January 31, 2013

So, the recent news stories speculating about pro-gun groups creating a gun-loving safe-haven in Northern Idaho are hard to miss if you happen to live here in Idaho.  It’s one of those regional things.  Due to not-so distant history, Idahoans are sensitive to words like “compound” and “extremist”  when used in conjunction with their state.  Imagine, for instance, if you were a resident of Waco and wanted to open a new church.  You’d just be sensitive about the words you use.

To show that this isn’t purely nativist paranoia, one of the speculative out-of-state pieces is illustrated with stock photos of SWAT teams …

Anyway, this story was interesting to me because I wondered if the Citadel was planning to use restrictive covenants to create this particular compound in Idaho.    HOAs and covenants could be used to create all kinds of political, environmental, or age-related communities, I suppose.  Another out-of-state paper indicates that this is not the approach the Citadel is taking.  Instead, it looks like a lease is going to be used.  While this would allow for maximum flexibility and eviction power, somehow perpetual tenancy doesn’t seem consistent with the life, liberty, and pursuit of happiness ideals the Citadel proposes.  Aren’t homeownership and private property rights just as fundamental?

Sources:

http://www.oregonlive.com/mapes/index.ssf/2013/01/proposal_for_idaho_survivalist.html

http://www.digitaljournal.com/article/341291

http://www.imperfectparent.com/topics/2013/01/15/idaho-commune-will-only-allow-families-of-gun-toting-patriots/

http://www.business2.com.au/2013/01/the-effect-of-homeowners-associations-on-sustainability/

All-You-Can-Eat Politics

October 18, 2012

The other morning I was driving my kids to school here in Boise, and I was surprised to notice that a political sign right outside my neighborhood was not a political sign at all.  It was a sneaky ad for Tucanos restaurant.  Now, I love Brazilian barbeque, and I like a good funny ad, but immediately after I chuckled I started to think, not about grilled pineapple, but about whether advertisers were really permitted the same leeway in placing signs as political candidates are granted.

The Albuquerque Tucanos is also apparently actively campaigning, and the local news covered the issue: http://www.youtube.com/watch?v=YsdW1arRFe4 .  I did not see media coverage here in Boise, even though we got the same ad coverage.  I suspect the answer is the same here:  This is just littering.

It is election season, and those signs are everywhere here in town.  I’m not going to discuss what individual property owners do on their own land, as that is a topic for another day, but HOAs often own prominent roadside common area.  HOAs are just like any other owner, and they can enforce sign-placement laws.  In Idaho, those laws are here: http://legislature.idaho.gov/idstat/Title18/T18CH70SECT18-7029.htm.  So an HOA should act like any other responsible property owner and make a decision to clear the signs off or let everyone have their say.

The law:

18-7029. PLACING POSTERS OR PROMOTIONAL MATERIAL ON PUBLIC OR PRIVATE PROPERTY WITHOUT PERMISSION. It shall be unlawful for any person to erect, install, attach or paint, or cause to be erected, installed, attached or painted, election posters or signs upon public or private property, real or personal, in the state of Idaho, without permission from the owner or occupant of such property, and it shall be unlawful for any person to place or leave any literature or other political, promotional or sales materials upon public or private property, real or personal, in the state of Idaho when the owner or occupant of such property, by a sign conspicuously posted on the property, or by other written or audio communication to such person, has forbidden the placing or leaving of literature or other political, promotional or sales material upon that property. Provided, however, that the granting of such permission by any public utility company on behalf of any candidate for public office shall constitute the granting of like permission by such public utility company to all other candidates for the same public office. Any violation of this section shall be a misdemeanor.