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John Roberts: A Supreme Property Rights Disaster In The MakingMore Kelo on the SCOTUS horizon?...
Pacific Legal Foundation, ONe Republic Journal, Acton Institute, Enter Stage Right ^ | 8/15/05 | James S. Burling

Posted on 08/19/2005 8:41:48 PM PDT by FReethesheeples

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To: Java Guy

Roberts is looking more and more like Scalia with each passing day.


121 posted on 08/20/2005 9:31:36 AM PDT by tame (Are you willing to be as SHAMELESS for the truth as leftists are for a lie?)
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To: Stellar Dendrite

Just great.


122 posted on 08/20/2005 9:52:39 AM PDT by moehoward
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To: zendari

Are you basing that on other cases you agree with? Or Trust simply because he is a Bush nominee?


123 posted on 08/20/2005 9:54:35 AM PDT by moehoward
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To: adam_az
I saw that as a code word to the "living constitution" folks.

Looks like it.
124 posted on 08/20/2005 9:56:05 AM PDT by moehoward
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To: moehoward

I'm basing it on most of the news I have heard about him including his position on other issues such as affirmative action and abortion.

Like I said before, you aren't going to agree 100% with anyone on anything.


125 posted on 08/20/2005 10:09:29 AM PDT by zendari
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To: FreeReign

His argument was cited several times elsewhere in the threads, and the legal citation is is Linked herein above.


126 posted on 08/20/2005 10:27:24 AM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: Always Right

Its called a "Regulatory Taking" when a normal use of property occurs through zoing or other restricitve actions by Public or State agency.


127 posted on 08/20/2005 10:29:23 AM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: Congressman Billybob; Always Right

Its called a "Regulatory Taking" when a restriction on a normal use of property occurs through zoing or other restricitve actions by Public or State agency.


128 posted on 08/20/2005 10:31:29 AM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: FreeReign; Tribune7

Acton Institute, and Pacific Legal Institute and the two publications which published this are NOT "Tools of the Left."

They are highly reputable and credible conservative-libertarian policy and legal think tanks as anyone whois informed on their activities will tell you.


129 posted on 08/20/2005 10:34:50 AM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: Leo Carpathian
He's a pianist.

;-)

130 posted on 08/20/2005 11:05:49 AM PDT by beyond the sea ("I was just the spark the universe chose ....." --- Cindy Sheehan)
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To: zendari

We all have our list of priorities.


131 posted on 08/20/2005 11:09:49 AM PDT by moehoward
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To: FReethesheeples
Its called a "Regulatory Taking" when a normal use of property occurs through zoing or other restricitve actions by Public or State agency.

Yes, and this was a 36 month moratorium on building and the issue was were the landowners required to be compensated for such a moratorium. The Bush administration argued for the same side as Roberts. Roberts actually took the case as a favor to a friend who was a law professor at Chicago University. The professor was apparently too busy and asked Roberts to plea the case before the Supreme Court. Boston Globe did a story on this and other environmental cases that Roberts was involved in and paint a different picture of Roberts, but offers a reasonably balanced view considering the source. Roberts actually rulings, which is probably a more accurate views of his true beliegs, show Roberts is very supportive of property rights.

132 posted on 08/20/2005 11:13:34 AM PDT by Always Right
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To: FReethesheeples

Well, they are conservative but whether they are tools of the left is something upon which I am reserving judgement.<p.


133 posted on 08/20/2005 1:35:45 PM PDT by Tribune7
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To: Congressman Billybob

Thanks for chiming in here, I always look to see what you have to say on legal issues.


134 posted on 08/20/2005 2:26:03 PM PDT by walden
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To: FReethesheeples

"One thing we do know about Tahoe is that it was a "takings case" and the landowner lost and Roberts, --- & the government, --- won."

Do we really know that. The land use case in Tahoe started 30 years ago according to the article, but Roberts did not come into this until 2002.

Also, I checked your link and the article there had links to the Hawaii case, the San Francisco case and the Kelo case, but no link to the case in Tahoe. I would like to know how this case came about 30 years ago before I make any final decisions. I will keep this article in mind in the mean time.


135 posted on 08/20/2005 7:11:06 PM PDT by mjaneangels@aolcom
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To: JeffAtlanta

Regretably, I don't trust GWB on much of anything anymore. He has proved all his critics from the right in 1999 correct.


136 posted on 08/20/2005 7:21:49 PM PDT by chris1 ("Make the other guy die for his country" - George S. Patton, Jr.)
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To: Torie
Knowing something about Lake Tahoe, the problem was it was being slowly turned from a pristine lake into a cesspool from too rapid development without adequate sewage infrastruture.

Ah..a fairly basic "tradgedy of the commons". That said, if it is in the interest of the community to diminish the people's ability to use their land, there should be a corresponding tendency for compensation.

137 posted on 08/20/2005 8:23:55 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lepton

There should, but in practice it gets very complicated. Just read the case in question. If that doesn't give you a headache, nothing well. I am a lawyer, and it gave me a headache, and I am used to the cadence of the prose. Sometimes moratoria enhance land values rather than diminish them, for example. The land market is so wonderfully complex. That is why I love it so, and the intersection of that with the law, sends me sometimes into ecstasy. Nothing out there is better.


138 posted on 08/20/2005 8:28:37 PM PDT by Torie
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To: FReethesheeples
Roberts wrote: “The very terms of the fifth amendment, furthermore, are sufficiently flexible to accommodate changing notions of what compensation is ‘just.’”

Without context, this is a truism...else the Constitution would have spelled it out, instead of using a subjective term.

As example, would "just" be to pay for the property at previous uninformed purchase price (Even if bought 60 years ago)? At price plus 10%? At new market rates? At double rates? At replacement cost? At the value of what the land will be used for by the government?

139 posted on 08/20/2005 8:35:35 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: FReethesheeples
More disturbingly, Robert’s representation of the agency is entirely consistent with the statist philosophy he expressed in a 1978 Harvard Law Review article on land use law. He argued against clear rules that would put boundaries on government power over property in favor of essentially the same government-friendly “balancing test” that he advocated for in the Lake Tahoe case.

What a jerk

140 posted on 06/28/2012 8:49:10 PM PDT by ImpeachRoberts
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