Editor,

It was with dismay that I read the article on the front page of Saturday’s Advertiser concerning the proposed ordinance by Bastrop Mayor Terry Orr and his Tree Removal Committee plans. The purpose of this plan “to enforce ‘a methodology….that minimizes tree loss and replacement of trees that are removed” suggests that you, as mayor, not l as the property owner, will be making decisions on how city and ED land owner’s trees will be used.
Further, it states that “[m]embers of the Tree Removal Committee would be authorized to enter private property for the purposes of inspecting trees to ensure compliance”.” “Authorized” to enter my private property? “Inspecting” my trees? “Compliance” with your wishes on how my trees are being used?
A question I would like to address to Mayor Orr is: At what time did you decide that you had the right to confiscate my personal property?
For the mayor and his minions to perceive that they can confiscate my beneficial use of my trees on my land, with no compensation, and begin to tell me what I can and cannot do with them, not to mention the unlawful trespass on my land, is absolutely ludicrous.
You and Mr. Brown may cite chapter and verse of convoluted legal hawgwash, but I, sir, believe in the Constitution of the United States as the Supreme Law of the Land, wherein Amendment V concludes with “nor shall private property be taken for public use, without just compensation”. Furthermore, Amendment IV starts with the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” These are Fundamental Rights and cannot usurped by a city ordinance.
If you intend to deprive me of the use of my private property, you must compensate me – at the time you confiscate it – which means at the time you begin to claim control over it (passing of this ordinance). You may tax your constituents in the city of Bastrop and create a fund to pay for your confiscation of my property; that is up to you and your re-election committee. I’m sure that if the good citizens of Bastrop feel that it is really important for you to own and control my personal property, they will be happy to pay such a tax.
Ever since I purchased my property I have tried to manage it with a very strong orientation on “stewardship” – that is to say that I take good care of my land. I try to maintain drainages, manage understory, promote local flora and fauna and minimize the use of any chemicals or pollutants. I promote the growth of the established senior trees and promote the diversity in the general indigenous tree population. This seems only natural to me to take care of what I own.
Apparently, however, my efforts aren’t good enough for you. By your intention to illegally control and inspect my property, you clearly imply that I cannot be trusted to manage these resources (heretofore my resources) properly.
I fully understand that some people do not treat their property similarly, and that is a shame. But until it hurts an adjacent neighbor, that is the owner’s prerogative. If you want a certain behavior in a person, you should attempt to educate and persuade. I would encourage you to use your bully pulpit and general public awareness (peer pressure) to accomplish your ends and not resort to what seems to me to be an immoral, if not illegal act of confiscating personal property and illegal search and seizure, via this “use-ordinance”.
This act, or intended act, will start the people of Bastrop on a slippery slope of confiscation of personal property and overstepping of civic boundaries. At what time will you decide the automobile I own is not mine to drive?
Or tell me how many I may own? Or, when will you decide what color I can paint my house? Or what I should wear? Or what I can eat?
I know that is not yet what is proposed, but can you honestly say there is any difference between controlling one type of personal property and another? My trees. My property. Mine. Not yours. Get it?
In conclusion, I will ask: Did you not take an oath to uphold the Constitution of the United States of America in the execution of your duties? Maybe you should read the Constitution. I will gladly provide a copy to you, just let me know. I believe our sheriff has taken such an oath. I know our military takes such an oath. Do I need seek their protection from what I believe is your immoral and illegal grab of my personal property? I highly recommend you find another approach to solving your problem with what one person did on the Walnut Ridge Apartment buildings (under your zoning committee’s watchful eyes) and not presume to control all trees in the city/ETJ.

Doug Kelsay
Bastrop