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| Subject: | RE: GISList: Cost of GIS Data |
| Date: |
11/19/2002 08:27:57 PM |
| From: |
Ryan Morgan |
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<APPLAUSE!>
May we quote you, Dimitri?
-----Original Message-----
From: Dimitri Rotow [mailto:dar@manifold.net]
Sent: Tuesday, November 19, 2002 5:16 PM
To: gislist@geocomm.com
Subject: RE: GISList: Cost of GIS Data
> Parcel data is up to debate. It is more a judgment call to be made by
> politicians. IMO it should not be sold, it should either be free
It's also up to judges as well as politicians. In fact, it is a judgement
call that has already been made by politicians and judges over the last two
hundred years or so as innumerable laws and judicial precedents have set
forth fairly clear standards as to what is "public record" and what is not.
For example, it's a matter of public record if an adult has been arrested
for a crime and has been tried, and it's a matter of public record what the
disposition of that case was and what the verdict was. I'm not an expert in
real estate law, but I am pretty near 100% certain that property ownership
records are in fact public records.
Public records are, literally, in the public domain. You don't need
anybody's permission to report that so-and-so was convicted of petty theft
or that so-and-so was sentenced to 10 weekends of county service for
stealing CDs from the local Costco. You can even put that information into
a database and put it on the Internet. That's the meaning of "public
domain"... you can do with the information what you please. After all, it's
sure not "public" if the only way you can publish the information is in a
manner that it is not likely to be seen or used by anyone.
Given the striking combination of corruption, craftiness, laziness and
parochial interest one finds in some politicians it's no surprise that many
of them find observing the law inconvenient and so one encounters no end of
slick arguments and tricky bureaucratic maneuvers that make sure public
records can't be used or accessed by the public.
For example, if public property ownership is really a public record the
classic example would be to say, "Sure, our property ownership records are
public records... just file an application and once the access committee
reviews your credentials we'll let you look at the microfiche in three weeks
for a half-hour appointment. But, we don't allow any note-taking materials
or photographs."
California happens to have an unusually potent law guaranteeing access to
public records, so if a California jurisdiction has parcel map records in
machine readable format (and, if such records are public records, which I
think they are) they better make sure to make them available without any
funny obstacles. The California law is unusual in that not only does it
guarantee public access to public records, it also awards attorney's fees if
you have to sue to force access to those records. This is in great contrast
to the Federal Freedom of Information Act (FOIA) which, of course, is
utterly toothless.
> to all, or
> closed to all. "Closed" meaning available under your current policies,
> usually map books and maybe a computer terminal looking up one
> record at a
> time.
>
A good example of an obstacle. In many states, one could get the entire
database without having to be forced to thread it through a needle's eye one
handwritten record at a time.
Making public records available to the public for zero cost (or nominal
copying charges) is good for the economy as well. Any amount of drag you
can remove from your local economy is just one more way of differentiating
your jurisdiction as a more modern, responsive, cost-efficient location in
which savvy citizens and savvy businesses would like to locate.
Trade in real estate is also a big engine powering the economy. If people
have rapid, up-to-date information on parcels they can trade real estate
with greater confidence. That moves property values up and it encourages
sales and leases. Since people usually improve a property after buying it,
more sales and leases mean more renovations, more employment and a better
performing economy. All that, of course, means a stronger tax base for the
jurisdiction, more employment for the citizens and a real "win win" for
everyone. And.... in today's economy, what sensible politician wouldn't
like a stronger tax base and more prosperity?
Regards,
Dimitri
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