Scott Township is a government entity in southwestern Pennsylvania, set amid rolling countryside not too far from the City of Pittsburgh. Rose Mary Knick owns ninety acres of land there, living alone on the property which has been in her family for over fifty years. She owns it free and clear and has never had any issues regarding use or zoning until someone anonymously informed township officials that they thought the land contained an old burial ground. There has never been any record of it on surveys or deeds, yet overzealous township officials decided to take the law into their own hands, setting off another case of potential property rights infringement.
Like many parts of America, Pennsylvania has numerous small family burial sites throughout the state. In the case of Scott Township, they have a law on the books which requires access of the public to graves on private sites, but by definition it doesn't require proof it just accepts the claim of an interested citizen. Surveys and deeds have shown no indication of a burial site, yet the township gave Ms. Knick notice that she would have to open it to public access or face a serious fine. She refused and filed a suit with the state court system. The local government was charged with conducting a warrantless search and unbridled trespassing, since they did comb the property but thus far had produced no definitive evidence.
Here's where stupidity moved to insanity. The state court said it could take no action until enforcement action was initiated by local authorities and since nothing beyond the notice had been issued, they refused to hear the case. At this point the Pacific Legal Foundation (PCF) took the case. Intermediate courts at the national level wanted no part of the case since the state courts took no action, yet in the interim the local entity states the law is still on the books and Ms. Knick is left to wonder when her property rights will be violated again and to what degree.
At the current time PCF has a legal brief submitted to the United States Supreme Court, requesting that they consider it in their case load for the current term. Resolution is likely to take considerable time but I can only hope the justices will take the case and rule on behalf of Ms. Knick or that the local government desists. Property rights are constantly under siege in America today, particularly following the strange Kelo ruling in 2005. It's way past time for the Constitution to once again be put first in our legal system, it's been watered down for far too long.
It's just another reason why I wrote my book, Thou Shall Not Take Our Land. Either stay vigilant or be ready to surrender your rights. Big Brother isn't just found at the international and federal level, he's found at any level of government where money and power have become the basis for action. Here's the link to my book:
https://www.amazon.com/dp/B06XBY7C4T
Like many parts of America, Pennsylvania has numerous small family burial sites throughout the state. In the case of Scott Township, they have a law on the books which requires access of the public to graves on private sites, but by definition it doesn't require proof it just accepts the claim of an interested citizen. Surveys and deeds have shown no indication of a burial site, yet the township gave Ms. Knick notice that she would have to open it to public access or face a serious fine. She refused and filed a suit with the state court system. The local government was charged with conducting a warrantless search and unbridled trespassing, since they did comb the property but thus far had produced no definitive evidence.
Here's where stupidity moved to insanity. The state court said it could take no action until enforcement action was initiated by local authorities and since nothing beyond the notice had been issued, they refused to hear the case. At this point the Pacific Legal Foundation (PCF) took the case. Intermediate courts at the national level wanted no part of the case since the state courts took no action, yet in the interim the local entity states the law is still on the books and Ms. Knick is left to wonder when her property rights will be violated again and to what degree.
At the current time PCF has a legal brief submitted to the United States Supreme Court, requesting that they consider it in their case load for the current term. Resolution is likely to take considerable time but I can only hope the justices will take the case and rule on behalf of Ms. Knick or that the local government desists. Property rights are constantly under siege in America today, particularly following the strange Kelo ruling in 2005. It's way past time for the Constitution to once again be put first in our legal system, it's been watered down for far too long.
It's just another reason why I wrote my book, Thou Shall Not Take Our Land. Either stay vigilant or be ready to surrender your rights. Big Brother isn't just found at the international and federal level, he's found at any level of government where money and power have become the basis for action. Here's the link to my book:
https://www.amazon.com/dp/B06XBY7C4T
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