I read an article somewhere that addressed a local government’s intrusion into a dwelling in an Amish Community. I don’t recall the specific elements of the contention, but I was concerned with the possibility of harsh government interference, possibly religious persecution, as if some group within the government did not like the Amish and wanted to use the law to punish them. It’s easy to jump to this conclusion which likely is not the case at all. Nevertheless, it makes us wary of how much control a government has once you shut the doors of your house.
A good Government exists, as our constitution says, “by and for the people”. We know some rules for all citizens are necessary such as: thou shalt not kill, drive on right side of the road, stop at red lights, and pay taxes. But an intrusive local, regional, or national government can be harmful to some or all of its citizens. Two prime examples of obtrusive government systems are Nazism and Stalinist communism.
How much authority do the local and regional governments have over health issues? How far is the local government's reach into the use and conduct of personal properties under it's jurisdiction? How retroactive should the local laws and ordinances be as far as controlling existing properties? Can it force change on long-existing conditions? If there is no present harm to neighboring properties can it force changes upon the present owner? Can it force changes before the property can change ownership? How much responsibility does the new owner acquire for existing conditions once he takes ownership?
There are several issues to be considered. Without a legal inspection how would government know about any existing harmful conditions? For example: does the property harm the health of the residents of the surrounding properties? Can this harm be scientifically proven? How about an existing septic system; can the system be scientifically proven to be harmful to adjoining properties? What if the house uses a cistern; does it affect the health of household? Does the government have the codified (written) authority to enforce health issues if the cistern can be scientifically proven to be harmful in that individual case? What if the house is not electrified and must use a hand pump for a shallow well? Can the government force a change in the water supply arrangement thus forcing electrification of the residence?
