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Community Corner

Wind Victims Denied "Due Process"

      Due Process & Wind Turbines - Have You Been Denied Due Process   The Fifth Amendment says that no one shall be "deprived of life, liberty or property without due process of law."   The Fourteenth Amendment describes the Due Process Clause as "deprived of life, liberty or property without due process of law."   The Equal Protection Clause of the Fourteenth Amendment forbids the states from discriminating invidiously against some of their citizens.   The Due process clause also promises that before depriving a citizen of life, liberty or property, government must follow fair procedures.   Suppose, for example, Massachusetts enacts regulations to build commercial wind turbines, but doesn't say anything about the health and safety of residential abutters. Before the state can take that right of health and safety away from a residential home owner, by allowing the building of the turbines, it must provide fair procedures: Due Process.   In 2008 Massachusetts enacted legislation known as the Green Communities Act. This act is taking health and constitutional property rights of residential home owners. That was not intent of the act .   Massachusetts has never provided wind turbine victims  “some kind of a hearing,” giving the citizen “the right to support his allegations by arguments however brief and, if need be, by proof however informal.” Not one wind victim in Massachusetts has been examined by the Massachusetts Board of Health or interviewed by the Massachusetts Department of Environmental Protection.   Have the wind turbine victims been provided : an unbiased tribunal, notice of the proposed action and the grounds asserted for it, opportunity to present reasons why the proposed action should not be taken, right to present evidence, including the right to call witnesses, right to know opposing evidence, right to cross-examine adverse witnesses, decision based exclusively on the evidence presented, opportunity to be represented by counsel, requirement that the tribunal prepare a record of the evidence presented and requirement that the tribunal prepare written findings of fact and reasons for its decision.   These are simple procedures that might be claimed in a "due process"

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