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Cities Use Eminent Domain To Clear Lots for Big-Box Stores
Wall Street Journal ^ | December 8, 2004 | DEAN STARKMAN

Posted on 12/08/2004 6:08:13 AM PST by OESY

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To: OESY

I seen it going on with North Academy Blvd here in Colorado Springs. When I moved here in 1995, Academy North from Woodman to I-25 was mostly residential with a few businesses but now, some of the last homes have been moved and now are being commercialized. Kind of sad. I wonder what big corporate conglomerate is going to come in.


21 posted on 12/08/2004 7:45:20 AM PST by CORedneck
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To: ClintonBeGone
Clearly you're more concerned with your agenda than a discussion of the constitutional issues that such actions invoke.

From the article excerpt:

"In August, the Michigan Supreme Court reversed a landmark 1981 ruling, widely cited by other states, that effectively barred condemnations for purely economic purposes in that state..."

"But courts over the years have allowed cities and towns to stretch the definition to include economic-development projects, on the principle that one private owner can better create jobs and increase tax revenue than another... "

I see nowhere in those excerpts "AreaMan's agenda"...

So please continue to argue how many angels can dance on the head of a pin while ignoring the core of the issue.

22 posted on 12/08/2004 7:46:03 AM PST by AreaMan
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To: ClintonBeGone
Yes, I was thinking of that recent decision. Poletown was taken in the early 1980s for a GM plant.

The 1981 decision stated, essentially, that the judiciary could not scrutinize eminent domain takings alleged "public use" purpose. The judiciary was only able to determine whether or not the purchases were at the correct price and so forth, not whether or not it was a valid public purpose. There's a U.S. Supreme court case, "Midkiff," on this point as well but I haven't read it.

The more recent case, where the Michigan Supreme Court rejected its own precedent, is County of Wayne v. Hathcock.

23 posted on 12/08/2004 7:51:48 AM PST by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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To: freeeee
Excellent write up Freeeee. Brief, accurate, and to the point.
24 posted on 12/08/2004 8:11:18 AM PST by zeugma (Come to the Dark Side...... We have cookies!)
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To: zeugma

Thanks, zeugma.


25 posted on 12/08/2004 8:55:17 AM PST by freeeee ("Owning" property in the US just means you have one less landlord.)
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To: farmfriend


26 posted on 12/08/2004 10:21:10 AM PST by Libertarianize the GOP (Make all taxes truly voluntary)
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To: OESY

This whole issue will be decided by the Supreme Court next spring. Let's hope they do the right thing and let property rights mean something.

http://www.cnn.com/2004/LAW/09/28/seizing.property.ap/


27 posted on 12/08/2004 10:26:39 AM PST by cowtowney
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To: OESY; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
28 posted on 12/08/2004 2:00:31 PM PST by farmfriend ( In Essentials, Unity...In Non-Essentials, Liberty...In All Things, Charity.)
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To: farmfriend

BTT!!!!!!!


29 posted on 12/08/2004 2:49:57 PM PST by E.G.C.
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To: OESY

Bump for later read.


30 posted on 12/08/2004 2:56:35 PM PST by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: ClintonBeGone
We could take a lesson from the Swiss. They buy Swiss, EVER IF IT COSTS MORE....JUST TO SUPPORT THEIR OWN.
That's a foolish suggestion, and makes very little economic sense.

Why is it a foolish suggestion? Because I think beyond my wallet and think that buying American isn't foolish or economical nonsense? It's "foolish" only if you think short term for American jobs and if you think ONLY with your wallet.

It makes LOTS of economic sense if we are talking about trying to curtail some outsourcing. It makes a lot of sense to support our own people, unions, industries, small business and products. It makes a lot of sense to keep as much of our money here as possible. NO ONE on the planet is going to watch our six. If we don't, NO ONE else will.

YOU might try for a some long term thinking about supporting American jobs and industries. You COULD do that if you thought beyond your own wallet.

31 posted on 12/08/2004 3:37:13 PM PST by starfish923
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To: starfish923
It makes LOTS of economic sense if we are talking about trying to curtail some outsourcing. It makes a lot of sense to support our own people, unions, industries, small business and products.

Why should the American consumer support unions? The entire concept is communistic.

32 posted on 12/08/2004 6:29:28 PM PST by ClintonBeGone (In Politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: OESY

The New York Times kicked out a city block's worth of businesses to build their new headquarters in Manhattan. Using their relationship with city government and the power of eminent domain.


33 posted on 12/08/2004 6:56:16 PM PST by Oschisms
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To: ClintonBeGone
Technically, for the period in which a public body (government) owns property it is in 'public use.'

Unless the government is actually using it, I'd say it's in 'public disuse.'

34 posted on 12/08/2004 7:00:17 PM PST by Sloth (Al Franken is a racist.)
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To: Sloth
Unless the government is actually using it, I'd say it's in 'public disuse.'

This isn't a comment that adds very much to this discussion.

35 posted on 12/08/2004 7:40:07 PM PST by ClintonBeGone (In Politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: ClintonBeGone
This isn't a comment that adds very much to this discussion.

Uh, and this one is?

36 posted on 12/08/2004 7:54:59 PM PST by Sloth (Al Franken is a racist.)
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To: ClintonBeGone
Umm how bout core values in being an American, and at least look at our products first, before sponsoring China?

Due to over-regulation and time line caused by it, business may go elsewhere. Businesses here trying to make a go of it, and actually selling something of value (that would be something that lasts,and works everytime). This get my business over some box store (I shop Sears for American stuff because they are doing benefits for guard units away) selling junk.

When the American "piggy bank" runs down, who's going to sell us what? They only care about getting our nickel in the communist block. If you have to shop for something not made here, please shop with our allies.
37 posted on 12/08/2004 8:15:25 PM PST by Issaquahking ( Bush won, PROTECT OUR BORDER'S- NOW! We'll handle the PC and the ACLU losers.)
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To: Issaquahking
Umm how bout core values in being an American, and at least look at our products first, before sponsoring China?

The only things that matter to me are price and quality. Take a car for instance - I doubt I'll ever buy another 'american' car. First off, they're not all made here, and I prefer the price and quality of a japanese or german car. Of what benefit is it to me to 'buy american' when most of the american products are overpriced? Buying at walmart means walmart shareholders profit. That's buying american if you ask me.

38 posted on 12/09/2004 7:39:19 AM PST by ClintonBeGone (In Politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: Sloth
Uh, and this one is?

Sorry. I had to take my grammar and sentence structure DOWN to your level.

39 posted on 12/09/2004 7:40:25 AM PST by ClintonBeGone (In Politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: ClintonBeGone
Why should the American consumer support unions? The entire concept is communistic.

Actually, Karl Marx had such little faith in the working class that he believed communism was the only thing that could help the poor stupid worker.
Lo and behold, the workers unionized and made their life better. Unions were a natural progression, I think, from the old guilds that sprang up hundreds of years ago.

Unions are the antithesis of communism. In fact, Poland's SOLIDARITY union was the main driving force that started the fall of communism in Poland. Remember Lech Walesa? The current Pope John worked in Solidarity way back in the mid-40's. It was a domino effect from Poland's SOLIDARITY union and the rest of eastern Europe, the Russia, followed the lead of throwing off the U.S.S.R'S infamous communist stranglehold.
Unions communistic? The exact opposite.

There is no reason for the American consumer to support unions other than Americans all being on the "same team," supporting each other, working for a common goal of bettering our economy. When the economy is good, that means that more people have jobs and are contributing to the connon good.
Why should any American support his fellow American in his jobs, unions or industries?
Lol. You sure aren't a team player....every man for himself. Way to go.

40 posted on 12/09/2004 4:05:28 PM PST by starfish923
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