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Posted on 06/08/2009 10:37:00 PM PDT by StandOurGround.org
http://standourground.org/2009/06/eminent-domain-or-theft-city-of-less-than-3000-people-condemns-235-acres-of-farmland-for-city-use/
Too bad the land owner can’t turn to the courts for help....
Perhaps this could be an opportunity for the courts to undo what they have done wrong?
In Idaho, no less...
I would think the landowners would have a very good case in the courts. They afterall are not in the city according to the article.
The common law of emminent domand says your King can seize your land. It does not say the King of France can seize your land.
Afterall if this town can seize land outside the town by eminent domain for a public purpose in the town, why can’t say the government of Iran or North Korea seize some land in the US for the public purpose of Iranian national defense? Of course this is the US not England so the US constitution now requires a payment for the taking, but I am sure Iran and North Korea would be quite willing to pay to put a base and a few nukes in say Ohio?
“This was the first step, as recommended by our attorney. The city is still open to negotiations.”
Perhaps it’s just me, but that is no way to start negotiations, that’s how you start a fight.
Theft. Look to backroom deals between the major moverss in government and the developer.
(Hey. Just stating the obvious...)
My sympathies to the farmer. We had part of our farm taken for a highway and all we could do was get it moved so it didn’t split the farm in two.
But unless the county government opposes it in deed, the poor farmer hasn’t got a prayer. He may delay it with appeals in the courts but in the end it appears on the surface as a proper user of eminent domain(for the public good)Although over three hundred acres for a small town sewer is excessive.
Again, I would guess the road was built by your county or state? Is that right? It is not like a neighboring state could take your land to build a road they wanted?
So again since this farm seems to lay outside the city, I would guess still see a court issue. But then maybe there is some case law where the courts have already ruled on this?
Theft, plain and simple.
Why not purchase a quarter acre or full acre, put up a memorial marker and be done with it?
To Marxists, all property is “theft”.
I vote THEFT!
It's for a water treatment plant or something like that. Idaho forbids using eminent domain to acquire property that is then turned over to a private party.
Theft. No way Wendell needs 235 acres for a waste water upgrade.
This guy will win in court, if he chooses to fight it. The city is operating outside their jurisdiction.
We own about 100 acres that bordered the buffer zone to the city we live in. We are about 2-1/2 miles outside of town, it is completely country there so we decided to split the land and develop it.
When word got out after we went to the township for the zoning changes the city just arbitrarily moved the buffer zone line from our south property line to our north property line, putting us in their tax base.
We had to cancel the plans because we then had to develop to the cities ordinances, 25’ wide paved roads with curbs (the main road servicing it is only 20’, some lady on the board told us it’s because the firetrucks mirrors hit when they pass each other in case of a fire).
The cost jumped up so high for all the crap they added we had to scrap the whole development, 20 1 acre lots wouldn’t have even paid for the road and firetruck access to our lake for refilling with curbs, came out to 1/4 million, 200 grand more than the initial costs after the city go involved.
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