Snowbird, American Fork Canyon, and Property Rights

It’s now common knowledge in northern Utah County: Snowbird Ski and Summer Resort wants to develop property it owns in American Fork Canyon, over the ridge from the existing resort. Setting aside the controversy over who wasn’t involved or informed as this plan was developed, it comes down to a question of property rights – as so many local issues do.

Mineral-Basin-American-Fork-Canyon

According to this recent Fox13 News story, Bob Bonar, President of Snowbird, asserts that Snowbird’s plan is within the rights of the property owner.

This is still the United States of America, after all, where we acknowledge and protect fundamental rights. Property rights are among these; we speak of them in the same breath with life, liberty, the pursuit of happiness, and freedoms of speech and religion.

On its face, it might seem simple. Snowbird owns the land, and property rights belong to the owner. That should settle the question, right? Can’t we just dismiss any opposition as grouchy politics, or as acronymic, nuisance sentimentality in a league with NIMBY (Not In My Back Yard), NOTE (Not Over There Either), BANANA (Build Absolutely Nothing Anywhere Near Anything), or NOPE (Not On Planet Earth)?

Actually, it’s not that simple. (You saw this coming, right?) Land ownership doesn’t settle the question legally or philosophically. Let’s talk about why.

Constitution Day: A Big Deal

US ConstitutionHappy Constitution Day!

228 years ago today, the 1787 Constitutional Convention finished its work and formally sent its proposed Constitution of the United States of America to the states for ratification. It was a pivotal day (and then some) for the United States, but also for the world.

Granted, the Founders each brought large, vigorous bundles of competing interests to the convention. Granted, they were imperfect on many levels, as mortals tend to be. Granted, some of them owned slaves, and the rest of them were (just barely) willing to defer that problem as the price of having a functioning government at all. Granted — and inevitably — their work was imperfect, incomplete. That’s why they established a mechanism for amending it. But their compromise of compromises was the best they could do under the circumstances. It was the best we have ever done. They gave us a flawed, tempestuous republic which survives to this day.