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Mugged by the State: Outrageous Government Assaults on Ordinary People and Their Property

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Title: Mugged by the State: Outrageous Government Assaults on Ordinary People and Their Property
by Randall Fitzgerald
ISBN: 0-89526-102-2
Publisher: Regnery Publishing, Inc.
Pub. Date: November, 2003
Format: Hardcover
Volumes: 1
List Price(USD): $27.95
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Average Customer Rating: 5 (4 reviews)

Customer Reviews

Rating: 5
Summary: Wanna get really pissed off?
Comment: This book makes you think that even if you're really careful, really do your thorough research, persistently ask questions and get answers in writing, you are still a subject of the state.

Rating: 5
Summary: Out of Control Government: The Enemy of Hardworking People
Comment: Mugged by the State, by Randall Fitzgerald, is a series of succinct descriptions of cases in which government agencies destroyed small businesses and seized homes, cars, and other property from everyday people. In each case where the victim did break the law, it was a minor, technical violation that should not have triggered such a draconian reaction.
Each vignette in Mugged by the State is based on a true story that Fitzgerald wrote for Readers Digest.
Consider the case of Fred and Nancy Cline. They established one of the last remaining family farms in the country, only to have the Army Corps of Engineers issue a cease and desist order threatening them with ongoing fines of $25,000 a day for each day they were in violation of one of its wetlands regulations, plus one year in prison. After a second cease and desist order and ruinous legal expenses, the Army Corps of Engineers demanded they restore the entire farm to its preagricultural state. To intimidate the Clines, the Corps of Engineers began flying black helicopters over the property, only a very short distance from the ground.
It's clear that a person doesn't own what he doesn't control. When government at any level, Federal, state or local, denies a property owner the right to control what belongs to him, the government has seized ownership. Had they not received help from an unexpected source, the government would own the Clines' farm.
The Clines talked to a former chief of the Army Corps of Engineers' regulatory division who had played a major role in writing the portion of the Clean Water Act the Corps and DOJ accused the Clines of violating. The former chief of the regulatory division said everything the Clines did was legal. DOJ and the Army ultimately dropped the matter. Sadly, not everyone in the Clines' position is so fortunate.
Just as Federal and state agencies perform regulatory takings, zoning and other local regulations can be used to deny people ownership of land they own and pay taxes on. If you've been fortunate enough to avoid problems with the zoning board, it may come as a surprise to you that the Hood River Co., Oregon planning department prevented Tom and Doris Dodd from building their retirement home on land they had purchased for $33,000; zoning had lowered its value to $700. (The Dodds lost their lawsuit.)
Some may pass off the instances Fitzgerald documents as isolated anecdotes, but the reality is that many government officials really do face incentives to behave in the same fashion that led to the "muggings" recounted in Mugged by the State. Most "muggings" receive very little attention, and only the more fortunate victims get their property back.
And although Fitzgerald doesn't mention it every time, the victim's Constitutional rights to just compensation (5th Amendment), due process (5th or 14th), or freedom from unreasonable searches and seizures (4th) were violated in most of the anecdotes included in the book.
An entire chapter of the book is devoted to asset forfeiture, which allows many Federal agencies (and some state governments) to seize property they allege was involved in certain felonies. The authorities don't have to investigate or prosecute the owner, or even allege the owner consented to criminal activity or knew the property was being used in crime. In general, any private property is subject to forfeiture: typically real estate, money, cars, boats, and jewelry. Indeed, most of the alleged crimes used as triggers for forfeiture do not lead to any arrests or convictions. The Justice Department's own statistics show the vast majority of alleged crimes leading to forfeiture never lead to an arrest or a conviction.
The suffering this book documents is a very strong case for reforming eminent domain, zoning, asset forfeiture, the ADA, occupational licensing, and other practices. Mugged by the State will convince you that such practices have some very real problems that need to be corrected. The book makes for easy but informative reading material on a growing problem.

Rating: 5
Summary: Mugged by the State: A Must Read for All Citizens!
Comment: This book reports accurate accounts of government legislation directly aimed at releasing individuals of their property and rights for their own financial welfare, as they see fit. I am appauled at the poor ethics of our government officials! It appears that it's fine to release individuals of their livelihoods as long as "theirs" isn't threatened. Time and time again, this book gives exact examples of the government running scared only when it seems it might cost them their jobs. I find this greedy behavior sickening! Thanks for opening my eyes.

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