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Confiscating homes
washingtontimes.com/ ^ | October 3, 2004 | Steve Chapman

Posted on 10/04/2004 1:01:32 PM PDT by watchout

Confiscating homes What would you call it if someone forced you to sell your home, even though you didn't want to sell and didn't agree to the price? You would call it theft and phone 911. But the realm of government is cloaked in terminology designed to hide unpleasant realities. When the government does this, it's called "eminent domain," and it's legal. Wilhelmina Dery has lived her entire life in the house where she was born in 1918, in a modest section of New London, Conn. But if she hopes to depart this world from the same place she entered it, she will need help from the U.S. Supreme Court. This week, it agreed to decide whether Mrs. Dery and others can be deprived of their homes merely because the city thinks the property could be put to a more lucrative use. Municipal authorities want to demolish her house, and others, to make room for a commercial development next to the new Pfizer Corp. research headquarters.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; News/Current Events
KEYWORDS: ballotsnotbullets; confiscating; eminentdomain; napalminthemorning; propertyrights
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1 posted on 10/04/2004 1:01:39 PM PDT by watchout
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To: watchout

there will likely be some eminent domain apologists along soon to decry these selfish people who refuse to move so the .gov can turn around and sell the property to another private party.


2 posted on 10/04/2004 1:03:41 PM PDT by flashbunny
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To: flashbunny
This is infuriating and worthy of retribution.
3 posted on 10/04/2004 1:06:32 PM PDT by stevio (The Clinton '94 gun ban sunset! WooHoo!)
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To: watchout

she needs to appeal this. Specially if there is no viable "public use" for the property.


4 posted on 10/04/2004 1:06:57 PM PDT by P8riot (A gun is just a substitute for a penis, so when attacked by a mugger one should pull out a..........)
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To: flashbunny
I think this eminent domain crap is coming to a head and there will be a landmark ruling about it. Claiming eminent domain to put up a Target or Kmart or some other private enterprise crosses the line.
5 posted on 10/04/2004 1:08:02 PM PDT by frog_jerk_2004
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To: watchout
IMO, this "eminent domain" thing is the reason the 2nd amendment was added. "...to protect themselves against the tyranny of government."

What a bunch of crooks.

6 posted on 10/04/2004 1:09:14 PM PDT by georgiadevildog (Get to work. You aren't being paid to believe in the power of your dreams.)
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To: flashbunny

Well, the govt. owns your home anyway. Try not paying your property taxes and see how long it takes for men with guns to come and throw you out.


7 posted on 10/04/2004 1:09:51 PM PDT by dljordan
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To: frog_jerk_2004
I think this eminent domain crap is coming to a head and there will be a landmark ruling about it. Claiming eminent domain to put up a Target or Kmart or some other private enterprise crosses the line.

Absolutely. Everybody has their price, and whoever wants this land should pay it rather than running to the government.

8 posted on 10/04/2004 1:11:07 PM PDT by Moonman62 (Federal Creed: If it moves tax it. If it keeps moving regulate it. If it stops moving subsidize it.)
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To: P8riot
she needs to appeal this. Specially if there is no viable "public use" for the property.

I'm sure they'll argue that the "public use" is for the increased tax revenue of the property, and not the property use itself.

The danger is when they start slipping further into Soviet tactics of taking the property of someone who fell into disfavor and giving it to the next politburo member as a rewar, citing "public use" of increased tax revenues derived from re-appriaising the property on title transfer.

-PJ

9 posted on 10/04/2004 1:12:39 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: P8riot
she needs to appeal this

Um...here case is before the U.S. Supreme Court. Who else is there?

10 posted on 10/04/2004 1:12:50 PM PDT by snopercod ("I'm so proud to be a part of this great mass deception" --Frank Zappa)
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To: frog_jerk_2004

I live on 7.5 acres near an exit to a highway that will be completed this year, and have been very interested in "eminant domain" issues for the last several years. I have a good attorney that is skilled in these matters, if the occasion ever arises. If diplomacy doesn't work I may have to exercise a "military" option.


11 posted on 10/04/2004 1:13:12 PM PDT by P8riot (A gun is just a substitute for a penis, so when attacked by a mugger one should pull out a..........)
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To: P8riot

YeeeeeeeHaaaaaaa!!!!!!!!!!!!!!!!!!!!


12 posted on 10/04/2004 1:14:14 PM PDT by frog_jerk_2004
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To: Political Junkie Too

an appeal of the offer can be made based on the value of the future intended use of the property. I see people do this successfully all of the time. They may still lose their land, but they often get as much as 20 times the original offer.


13 posted on 10/04/2004 1:15:17 PM PDT by P8riot (A gun is just a substitute for a penis, so when attacked by a mugger one should pull out a..........)
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To: P8riot
she needs to appeal this. Specially if there is no viable "public use" for the property.

She did. Today SCOTUS agreed to hear it.

I hope the Supreme Court spanks the sh!t out of the New London goverment.

14 posted on 10/04/2004 1:15:42 PM PDT by BearCub
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To: frog_jerk_2004

It's happening in an affluent area of Cincinnati and I think it started off transforming crack houses that were butting up against a good area and now that they got those places they are trying to take some fairly nice places to build another "office complex" .. it should come to a head in this town soon...

T


15 posted on 10/04/2004 1:16:18 PM PDT by tray-sea
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To: watchout

Neal Boortz has been calling attebtion to this problem for many months. Homes are being taken all across the country through the abuse of eminent domain. The city councils see dollar signs when companies want the land...more tax revenue means more money to line their pockets. This should be a HUGE story and people should be outraged.


16 posted on 10/04/2004 1:16:37 PM PDT by Feiny (The use of intoxicants is one of the distinguishing marks of the higher types and races of humanity.)
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To: Political Junkie Too
I'm sure they'll argue that the "public use" is for the increased tax revenue of the property, and not the property use itself

That is exactly what they are doing. Problem is - whose land wouldn't be worth more in tax revenue if it were turned into a business (or high-density housing)? If that logic stands, nobody will be safe from this kind of stuff.

17 posted on 10/04/2004 1:17:48 PM PDT by BearCub
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To: watchout

Amazing these clowns would try this again. Donald Trump tried to used this to seize a house for a casino and was defeated in court. Who knows what the court of Sondra's whim Supreme will decide.


18 posted on 10/04/2004 1:18:12 PM PDT by Nateman (The loyal opposition isn't.)
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To: watchout

It's what Burt Gummer has spent his life fearing, Graboids and Eminent Domain


19 posted on 10/04/2004 1:19:14 PM PDT by Abathar (Trust Zogby, not TIME)
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To: watchout

eminent domain was created originally to allow railroads right of way in crossing the country. without it the east never would have met the west and they would still be building it.

now, they are using it to foce people to move for local commercial reasons...

slippery slope


20 posted on 10/04/2004 1:21:26 PM PDT by Mr. K
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