Petition - Fortune

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Callipygian
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Petition - Fortune

Post by Callipygian »

The origianl petition is posted here: http://forums.slcds.info/viewtopic.php?f=3&t=6575

The core question here is: Does the Constitution, which states:

Section 2 – Powers of the Chancellor
The Chancellor of CDS shall, subject to the laws of CDS, have the power:
(a) to determine the use to which any and all land in CDS shall be put;

conflict with a law, namely

CDSL 21-05 Tier Collection and Land Reclamation Act, under Part 1, Section 3, paragraph 4:
"Parcel abandoned (ownership terminated) via Hippo only Forty-eight hours after land abandonment the Chancellor may reclaim the land and reset the hippo box for sale. Reclamation should always be completed within seven days of parcel abandonment. (see Part Two for exceptions.)"

In my opinion law and Constititution do not conflict, since they speak to two different aspects of the Chancellor's powers and duties.

The Chancellor determines use - within parameters of amounts of land in public vs private hands, tier requirements established in budgets etc. In this case the Chancellor appears to be exchanging one unoccupied parcel of land in the private domain, for two parcels held in the public land allotment. This will result in preservation of a historic landmark ( as seems desired by those replying to public consultation) while increasing the amount of land available for private use, thus increasing potential tier collection. This appears to be a reasonable and acceptable use of Chancellor powers under the Constititution.

CDS 21-05, Part 1, Section 3,in its entirety addresses land reclamation:

3. The Executive shall employ the following procedures for tier collection, reclaiming parcels under ordinary circumstances and clearing (resetting) Hippo objects.
Parcel abandoned from the land tool only – Executive clears the Hippo object and returns any outstanding funds. There is always a refund, even if nobody answers to IMs.
Parcel abandoned (ownership terminated) via Hippo only – Forty-eight hours after land abandonment the Chancellor may reclaim the land and reset the hippo box for sale. Reclamation should always be completed within seven days of parcel abandonment. (see Part Two for exceptions.)
Parcel abandoned from land tool and ownership terminated via Hippo – Executive resets the land for sale.

These timeframes were set into law because of concerns that Chancellors are not consistent from term to term in reclaiming land. Concerns that some were too lenient to friends, or used swift reclamation to be punitive to those they did not like, led to establishing specifics that all Chancellor's should follow; the law ensures that land does not sit for extensive periods in the ownership of someone who is not paying tier and makes it clear to all citizens the timeframe when their land may be reclaimed.

I personally do not perceive this law as disallowing any Chancellor from changing the use of a parcel once it reverts to Rudeen's ownership; it addresses the timeframes in which reclamation leading to that ownership by Rudeen must come about.

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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