Editorial
May 24, 2003
Among the many deficiencies
of Alabama's antiquated constitution is the lack of latitude it offers
county governments, which generally must go through the Legislature
to address purely local matters that clearly ought to be their responsibility
alone. For just one example, consider Lee County.
Among the many deficiencies of Alabama's antiquated constitution
is the lack of latitude it offers county governments, which generally
must go through the Legislature to address purely local matters that
clearly ought to be their responsibility alone.
For just one example, consider Lee County, where many
property owners are complaining about old and unsightly trailers being
placed in and around residential areas, ruining the appearance of
the countryside that prompted them to live outside city limits to
begin with. Their complaints are hardly unreasonable, but county government
is powerless to address them because it does not have zoning authority.
It can't regulate where a residence or a business is placed.
"We don't have zoning authority and it's private
property," Probate Judge Bill English said. "So unless they're
doing something illegal, we can't stop it."
As long as a manufactured home -- the industry's preferred
term -- is properly tied down, has an installer's decal, has an electrical
permit and a septic tank approved by the health department, it can
be placed wherever its owner wants to put it. If no one is going to
live in the trailer -- many are used for storage -- the electrical
permit and septic tank are not required.
"We don't have home rule, so we can't do anything
we're not allowed to do," County Commissioner Sam Pierce said.
"As long as they meet the standards, they can put trailers just
about anywhere. There is nothing the county can do."
It's a ridiculous situation, and one that exists throughout
Alabama. The particular issue isn't always trailers, but the general
problem is the same: Most counties don't have the authority they need
to function effectively and responsively as local governing bodies.
The answer to that is home rule for counties, something
the Legislature has been unwilling to grant. That mindset, that clinging
to power that the Legislature shouldn't have, must change. It makes
no sense for a local governing body to have to wait and hope for the
Legislature to pass a bill allowing it to deal with a local matter.
The Lee County problem is just one example of this fundamental
flaw in the state constitution. A bill has been introduced -- yet
again -- to grant limited home rule across the state. It's time --
in fact, decades past time -- the measure was passed.
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