Peter G. Miller
OurBroker®

With dull regularity federal officials moan about the high cost of housing, and then do everything possible to make homes unaffordable.

In the past year, federal authorities created the Grand Staircase National Monument in Utah -- without an environmental impact study or public input, according to Utah Representative James V. Hansen. Less land for homes means the value of the land that remains is likely to rise -- and home prices too.

In Maryland, a man was charged with destroying several acres of wetlands, sentenced to 21 months in prison, and fined $1 million.

The Maryland conviction was thrown out because an appeals court ruled that the Army Corps of Engineers had grossly exceeded its authority: Under the Clean Water Act the federal government can regulate navigable and interstate waters. The Army decided this was not enough, and on its own added waters that could "affect interstate or foreign commerce" -- in essence, just about every square foot of property that has seen rain since the dawn of time.

In Maine the federal government ordered the removal of the Edwards Dam in Augusta to create a better world for fish -- and ordered the company that owns the 160-year old dam to pay for its removal. The miracle here is that someone didn't try to preserve the dam as an historic structure.

The daily assaults on property owners discourage the construction of such things as houses for people and buildings for businesses and organizations. The result is that construction costs soar, prices are forced higher, consumers have fewer choices, and more tax dollars are needed to finance housing not provided by the hobbled private sector.

Rather than pay for property it's taking, the government -- in the name of good causes -- simply tells property owners they can no longer use the land they bought and on which they pay taxes. Continuing this concept, the President has now proposed new rules which further limit owner rights, make the regulatory process more complex, and re-define "wetlands" to include land near impaired rivers and flood plains -- however many miles there might be in a "near." Or, perhaps a good definition of "near" are waterways which "affect interstate or foreign commerce...."

Now you could think that such rules are needed because wetland volume is decreasing. Wrong. According to the National Association of Home Builders, the nation is "gaining two acres of wetlands for every one acre filled."

At some point we need to consider both the benefits and the costs of various environmental initiatives. Conservatives believe that point is well past, liberals believe it is sometime in the indefinable future, and libertarians say it is a question which would never have arisen if government had not grown so ponderous.

But what counts is what voters say, and there is little doubt many believe the time has come to limit excess regulation and government by decree.

Question Of The Week

QAt what point are sellers no longer liable for problems found in a house they have sold?

AThere likely are several answers.

On one level, state rules and regulations certainly impact liability. See an attorney for specifics.

But one also needs to consider the facts and circumstances of each sale. For instance:

• Was there an independent home inspection -- or was a problem purposely hidden?
• Will insurance cover repair costs?
• When was the problem discovered -- at the time of closing or 12 years later?
• Did the purchaser contribute to the problem through use or misuse?
• Is the problem of such great impact that it's worth paying an attorney?
• Can the matter be resolved by mediation or arbitration, or through a small claims court?

Weekly Resource

When is a bank not a bank? When is a "bank" website perhaps something else? The FDIC has a list of warnings that make interesting reading, at least if you have not made a deposit.

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Mr. Miller welcomes your questions, comments, and news releases. All correspondence shall become the property of Mr. Miller upon receipt. He can be reached by e-mail at OurBroker.

Published: October 13, 1998

Use of this article without permission is a violation of federal copyright laws.

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Editor's Note: This article reflects the opinions of Peter Miller only and not necessarily the views of this or any other publication, organization or Website owner.

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