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Homeowners sue Philly D.A. over seizure of property
Philadelphia Inquirer ^
| 08/14/2014
| Jeremy Roebuck
Posted on 08/17/2014 2:25:43 PM PDT by Kid Shelleen
--snip-- This week, he and two other Philadelphia homeowners whose houses have become targets of civil forfeiture actions sued the District Attorney's Office, the city and the Police Department, seeking to close down what their lawyers call one of the most aggressive forfeiture units in the nation.
"The Philadelphia District Attorney's Office has turned this tool into a veritable machine, devouring real and personal property from thousands of residents, many of whom are innocent, and converting that property into a $5.8 million average annual stream of revenue," said Darpana Sheth, a lawyer with the Virginia-based Institute for Justice, a nonprofit public-interest law firm with libertarian leanings.
The lawsuit, filed Monday in a federal court in Philadelphia, alleges that the city's Public Nuisance Task Force makes millions each year in a Kafkaesque system designed to grind down or trick often innocent property owners until they give in or make procedural missteps that can result in the loss of their property.
(Excerpt) Read more at articles.philly.com ...
TOPICS: News/Current Events; US: Pennsylvania
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To: Kid Shelleen; Albion Wilde; Tribune7; TAdams8591; WhyisaTexasgirlinPA; wireman; Mr. Binnacle; ...
**** Philly Metro Ping ****
2
posted on
08/17/2014 2:26:56 PM PDT
by
Kid Shelleen
(Beat your plowshares into swords. Let the weak say I am strong)
To: Kid Shelleen
...nor shall private property be taken for public use, without just compensation. Name that Bill of Rights amendment...
3
posted on
08/17/2014 2:30:05 PM PDT
by
kiryandil
(making the jests that some FReepers aren't allowed to...)
To: Kid Shelleen
Proceeds from seized properties are funneled back to local prosecutors and police. Easy source of revenue. Like obamacare fines.
4
posted on
08/17/2014 2:34:09 PM PDT
by
Slyfox
(Satan's goal is to rub out the image of God he sees in the face of every human.)
To: kiryandil
5
posted on
08/17/2014 2:40:07 PM PDT
by
2nd amendment mama
( www.2asisters.org | Self defense is a basic human right!)
To: Kid Shelleen
Civil forfeiture programs are predatory. It’s one of the worst outcomes of the WOD, but even with legalization, it won’t go away. The cat’s out of the bag. It’s a lot easier to seize property than chase bad guys who shoot back.
To: kiryandil
Oh yeah?
Maybe under your archaic, racist, sexist, homophobic ways of doing things.
But this is Obamaland. :)
7
posted on
08/17/2014 2:52:36 PM PDT
by
Tzimisce
To: Kid Shelleen
One of my least favorite men.Might be up for Mayor.
8
posted on
08/17/2014 2:55:27 PM PDT
by
fatima
(Free Hugs Today :))
To: Kid Shelleen
It started back in the 80s, when police realized they could tap “funds” confiscated in drug deals for new municipal projects. Then it snowballed. Now, you don’t even have to be a criminal to have your home taken away from you.
9
posted on
08/17/2014 2:56:58 PM PDT
by
Albion Wilde
("LEX REX." ("The law is the king.") -- Samuel Rutherford)
To: Pearls Before Swine
Its one of the worst outcomes of the WOD, but even with legalization, it wont go away.The legalization has happened in the form of the Kelo vs. New London SCOTUS decision in 2006. No longer do you have to be a criminal to have your property seized. A municipality can "eminent domain" it away from you based upon such metrics as the increase in tax revenue that a new owner will generate. SCOTUS reinterpreted the Fifth Amendment's "public use" into "public benefit" which signs off on such seizures. We own nothing anymore.
To: Tonytitan
At least with Kelo, they pay you something that’s supposed to be fair compensation (although it might not be, and the transaction is forced). With Civil Forfeiture, they take the property, and the property owner has to spend additional legal funds to get it back.
That doesn’t mean Kelo is a good thing—its not, it’s bad. But, in many ways the Civil Forfeiture program is worse.
FReepers! Let's go!
Every donation counts!
FReepathon day 47.
Two percent a day keeps the 404 away.
12
posted on
08/17/2014 3:35:21 PM PDT
by
RedMDer
(May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
To: Kid Shelleen; All
Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken.
You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power
and we mean it... There's no way to rule innocent men. The only power any government has is the
power to crack down on criminals. Well, when there aren't enough criminals one makes them.
One declares so many things to be a crime that it becomes impossible for men to live without
breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone?
But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted
and you create a nation of law-breakers and then you cash in on guilt. Now that's the system,
Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.
...Ayn Rand, Atlas Shrugged
13
posted on
08/17/2014 3:37:35 PM PDT
by
skinkinthegrass
(The end move in politics is always to pick up a weapon...eh? "Bathhouse" 0'Mullah? d8-)
To: Kid Shelleen
I don't know if this is relevant, but KELO comes to mind.
FMCDH(BITS)
14
posted on
08/17/2014 3:52:48 PM PDT
by
nothingnew
(Hemmer and MacCullum are the worst on FNC)
To: nothingnew
Cops on I-10 in south Louisiana routinely pull over out-of-state cars that are high dollar (Caddy, etc) and seize the car and and money of the driver, asserting that they are attempting to buy drugs. (CBS 60 Minutes)
15
posted on
08/17/2014 4:42:20 PM PDT
by
rstrahan
To: Tonytitan
As part of the Kelo Decision, the Supreme Court stated that the States or local governments were free to define the limits of eminent domain. In Virginia, the year after the Kelo decision, the State Constitution was amended to prohibit the use of eminent domain for economic purposes, in addition it limits eminent domain for public use only. Examples cited include schools, roads, bridges, tunnels, public buildings etc.
To: Kid Shelleen
I really wouldn’t mind it if more than just a few DAs started vanishing without a trace.
17
posted on
08/17/2014 5:00:14 PM PDT
by
Lurker
(Violence is rarely the answer. But when it is it is the only answer.)
To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...
"The Philadelphia District Attorney's Office has turned this tool into a veritable machine, devouring real and personal property from thousands of residents, many of whom are innocent, and converting that property into a $5.8 million average annual stream of revenue...
Libertarian ping! Click
here to get added or
here to be removed or post a message here!
18
posted on
08/17/2014 5:50:35 PM PDT
by
bamahead
(Few men desire liberty; most men wish only for a just master. -- Sallust)
To: Pearls Before Swine
Pfizer NEVER did build that plant on the Kelo property.
It all still stands empty.
To: X Fretensis
I wonder how many states have followed Virginia’s lead in defining domain. I would guess that Virginia isn’t the only one.
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