Property Rights: Letter to Pocahontas Times 2/18

Dear editor,

This is in response to your editorial of February 11, 2010. I appreciate your thoughts concerning the issues of the Linwood quarry proposal and Highland New Wind Development's wind turbine proposal in Highland County, Virginia. More specifically, you spoke to the aspect of property rights, and to my application (or lack thereof) of such rights to these proposals.

I must admit that, thus far, I have been thinking of these projects less from the perspective of property rights and more from the perspective of community consensus and concern. And you are correct, thus far I have responded to primarily one side of the quarry issue.

Since space is limited, I will focus specifically on the quarry.

In your editorial, you asked, "Which is it?" Was I disingenuous in campaigning on property rights, or did I change my mind and decide property rights are not important after all?

I want to assure you, I was not disingenuous nor did I change my mind.

I believe nuanced issues such as these cannot be pigeonholed into black and white slots. I think that the attempt provides no practical answers, and simply serves to perpetuate one's confusion. To provide a patent answer of "black" or "white" is, by implication, to kill any further opportunity for reasoned discussion. To answer "black" or "white" is to amend to the ruling, "and therefore I will no longer think upon this." It is, in effect, to say that I will no longer listen.

There is a lot more to discuss regarding the Linwood quarry. In speaking with Cindy Butler of the West Virginia State Rail Authority (the state sponsoring entity for this proposal), she says there is $1.5B in funding and $50B in requests. By the dollars, each proposal therefore has a 1 in 33 chance of being funded. Ms. Butler advises me that the chance of this proposal being funded is "slim."

Looking beyond the proposal, to my knowledge, although the Linwood quarry is dormant, it is currently permitted. Waco Oil and Gas might have plans independent of the proposal. In looking ahead, I have contacted Waco Oil and Gas, and although Ike Morris wasn't in at the time, I was assured that he will be glad to speak with me and that he will contact me at his earliest convenience.

The rights of property ownership come with one caveat: nobody owns property that isn't beside somebody else's property. And that somebody else has the same rights as does the one. Thus there is the question of the greater right. Which is it? The one's or the else's?

There will never be an easy answer to such a question. I think we just have to take these issues one at a time; i.e. no two quarries are alike.

To the voters, I promised you I would listen. I also promised you that I would stand for you. My actions to date on the Linwood quarry are not without question, but nonetheless I was glad to listen to the many people that day, and I was glad to stand for their concerns in my official capacity. Be assured, I look forward to listening to other perspectives on this matter.

Lastly, I greatly appreciate the letters to the editor from Nanette Beckwith and Ron Tibbs. Their thoughts were very well stated and received.

To all, as you have questions and concerns, or just want to share your thoughts and comments, please call me at 304-456-5212 or email me at fleming42@gmail.com. It is an honor to work for you, and I remain,

Respectfully Yours,
David March Fleming
Pocahontas County Commissioner