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Private property advocates cheer Supreme Court ruling
Kansas City Star/McClatchy ^ | June 25 2013 | Michael Doyle

Posted on 06/25/2013 4:22:23 PM PDT by WilliamIII

WASHINGTON — A legal dispute that started with Florida wetlands ended Tuesday in a Supreme Court victory for conservatives and private property advocates nationwide.

In a 5-4 decision that could impede government regulators at all levels, the court effectively made it harder for public agencies to demand property or money in exchange for issuing a land-use permit. At a certain point, the conservative majority reasoned, these demands amount to an unconstitutional taking of property without compensation.

“Land-use permit applicants are especially vulnerable to (this) type of coercion,” Justice Samuel Alito wrote for the majority, “because the government often has broad discretion to deny a permit that is worth far more than property it would like to take.”

Most immediately, the decision cheers Coy Koontz Jr., a Raleigh, N.C., resident whose late father, Coy Koontz Sr., bought the Florida property in question.

(Excerpt) Read more at kansascity.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: Florida
KEYWORDS: privateproperty; propertyrights; scotus
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1 posted on 06/25/2013 4:22:23 PM PDT by WilliamIII
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To: WilliamIII

This is some good news coming from this court.


2 posted on 06/25/2013 4:24:45 PM PDT by snarkytart
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To: WilliamIII

Hoorah!!


3 posted on 06/25/2013 4:26:53 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: WilliamIII

Dang. How do we get them to take another look at ObamaCommieCare?


4 posted on 06/25/2013 4:29:48 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: Jim Robinson

I fear they are throwing conservatives a few bones before they legalize gay marriage.


5 posted on 06/25/2013 4:31:21 PM PDT by dfwgator
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To: WilliamIII
It took 30 years!!

Now get rid of the "save the critter" crap. Reserving millions of acres is insane. Introducing wolves into farm areas is stupid. Too many stupid things going on.

6 posted on 06/25/2013 4:33:07 PM PDT by Sacajaweau
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To: dfwgator

You may be right. One of them was even grumbling about the SCOTUS not being qualified to rule on “moral” issues. Sheesh. Just what the hell are they there for?


7 posted on 06/25/2013 4:34:44 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: Sacajaweau

Frogs, toads, lizards and bottom fish have more rights than mere U.S. citizens.


8 posted on 06/25/2013 4:36:09 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: WilliamIII

Another 5-4 decision.

I’m telling you folks, once Zer0 gets to appoint the next MARXIST to the S.C. this country is OVER!

We either revolt now and take the country back or we can be slaves the rest of our lives. I for one will NOT obey.

F U B O!


9 posted on 06/25/2013 4:38:39 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: WilliamIII

Great news...Hopefully this will also apply in some way to EPA land use trumped up rules.


10 posted on 06/25/2013 4:39:23 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: dfwgator
Dang. How do we get them to take another look at ObamaCommieCare?



I will take any good news I can get.

Look, no court can save us if the people are not moral. Obamacare came about because the voters handed control of the House and 60 senate seats to the Rats not because Roberts did not overturn it.

Yes the Rats cheated in many elections but so far it is not so rampant that they can swing many percentage points.

And you can equally blame the morally bankrupt Pubbies like Ted Stevens of Alaska who was only concerned with porkbarreling his way to election victories rather than standing for limited government.
11 posted on 06/25/2013 4:43:07 PM PDT by fifedom
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To: WilliamIII

Will want to see how this will hamper the California Coastal Commission. They are the poster boy for this kind of activity.


12 posted on 06/25/2013 4:47:06 PM PDT by vette6387
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To: Jim Robinson

Can’t with this current slate of judges.


13 posted on 06/25/2013 4:50:11 PM PDT by tbw2
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To: snarkytart

Obama told Roberts that he could throw conservatives a bone.


14 posted on 06/25/2013 4:51:26 PM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: snarkytart

This case was handled “pro bono” by the Pacific Legal Foundation, who have won other property rights cases before the Supremes, especially in the area of environmental restrictions.

pacificlegal.org

They are also challenging the constitutionality of Obamacare, since Obamacare was defined as a tax. By law taxes must originate in Congress, not the Senate.

An excellent organization. Check them out. Send money.


15 posted on 06/25/2013 5:02:45 PM PDT by GunsAndBibles (All that is necessary for the triumph of evil is that good men do nothing)
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To: dfwgator

I was thinking the same thing.


16 posted on 06/25/2013 5:06:40 PM PDT by Hostage (Be Breitbart!)
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To: WilliamIII

What about being required to pay an $800 “impact fee” to a fire department before being allowed to get a building permit, where owners of older buildings were not required to pay the fee?


17 posted on 06/25/2013 5:14:44 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: WilliamIII

Now let’s end the ability of police departments to self fund through civil asset forfeitures.


18 posted on 06/25/2013 5:16:23 PM PDT by SeeSharp
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To: unixfox
Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined Kagan in the dissent.
19 posted on 06/25/2013 5:21:02 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
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To: Jim Robinson

They hunt invasive species in Florida in the Everglades. The only illegal immigrants that aren’t tolerated, apparently. :>)


20 posted on 06/25/2013 5:34:46 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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