Vermonters should be aware that changes to the state's Act 250 allows property owners to build projects that encroach on a neighbor's property and the neighbor has no options to stop that encroachment. Their property rights do not count.
We discovered this when our neighbor decided to install a new septic system right next to our property line. A lot of the isolation area for this septic tank spills over onto our property and almost up to our front door.
According to the law, we can not stop this intrusion onto our property.
Attorneys around the state have been debating how to approach this obvious violation of property rights.
Article 9 of the state of Vermont's Constitution states, "Every member of society hath a right to be protected in the enjoyment of life, liberty, and property. . ." I have been told by an attorney involved in this debate that this intrusion is a probable violation of both the Vermont and United States constitutions.
However, a home owner would have to have very deep pockets to stop such attacks on their Constitutionally-guaranteed property rights.
Most home owners do not have that kind of money, so the possible rape of their property rights will continue to be a threat in the state.
It does make one wonder what other attacks on home owners' property rights are in store for us Vermonters.
Our state legislators need to change this law to stop this assault on people's property rights.