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High Court: Govts Can Take Property for Econ Development
Bloomberg News

Posted on 06/23/2005 7:30:08 AM PDT by Helmholtz

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To: DoughtyOne; All

Now I know why I support space travel. To get off this rock.


1,121 posted on 06/23/2005 6:51:27 PM PDT by KevinDavis (the space/future belongs to the eagles, the earth/past to the groundhogs)
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To: Peach
It won't just be Senators leaving the Senate as millionaires - it will be city council and mayoral offices too.

Don't we know it. That's exactly right, the payoffs and kickbacks will be staggering.

Cronyism to the Nth degree. Disgusting.

1,122 posted on 06/23/2005 6:52:53 PM PDT by prairiebreeze (Does my American flag offend you? Dial 1-800-LEAVE THE USA!)
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To: firebrand; Coleus; Velveeta; Blurblogger; cyborg; DoughtyOne

I wonder if we could use this eminent domain ruling to our advantage.

I just saw this article, http://www.nynewsday.com/news/local/newyork/politics/ny-bc-ny--clinton-pataki0623jun23,0,5012977,print.story?coll=nyc-homepage-breaking2 where Pataki basically b*tch slapped Her Heinous.

We did see in the initial planning of the IFC Memorial for the WTC tribute, that the designs were CHANGED after they were unveiled.

So, could we put together a well thought out proposal and create public attention to Pataki excerising Eminent Domain over the Memorial Site and grant the ownership to Debra's group? Or someplace for safe keeping?


1,123 posted on 06/23/2005 6:54:54 PM PDT by Calpernia (Breederville.com)
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To: Vicomte13

Is this a blanket Court decision, or will the necessary economic development plan(s) be a prerequisite for ED proceedings? It seems that in this particular case, there was a significant public inputting process, which would mitigate most of the public's concerns of the project. Obviously, this plan isn't exactly being crammed down their throats like strip shopping would...


1,124 posted on 06/23/2005 6:55:31 PM PDT by Craven Moorhead
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To: All

The Ten Planks of the Communist Manifesto


1. Abolition of private property and the application of all rent to public purpose.

The 14th Amendment of the U.S. Constitution (1868), and various zoning, school & property taxes. Also the Bureau of Land Management

2. A heavy progressive or graduated income tax.

Misapplication of the 16th Amendment of the U.S. Constitution, 1913, The Social Security Act of 1936. Joint House Resolution 192 of 1933 and various State "income" taxes. We call it "paying your fair share".

3. Abolition of all rights of inheritance

We call it Federal & State estate Tax (1916); or reformed Probate Laws, and limited inheritance via arbitrary inheritance tax statutes.

4. Confiscation of the property of all emigrants and rebels

We call in government seizures, tax liens, Public "law" 99-570 (1986); Executive order 11490, sections 1205, 2002 which gives private land to the Department of Urban Development; the imprisonment of "terrorists" and those who speak out or write against the "government" (1997 Crime/Terrorist Bill); or the IRS confiscation of property without due process.

5. Centralization of credit in the hands of the State, by means of a national bank with state capital and an exclusive monopoly.

We call it the Federal Reserve, which is a credit/debt system nationally organized by the Federal Reserve act of 1913. All local banks are members of the Fed system, and are regulated by the Federal Deposit Insurance Corporation (FDIC). This private bank has an exclusive monopoly in money creation, which in reality has ended the need for revenue from taxes. So why do they tax? To FOOL YOU into thinking they need them.

6. Centralization of the means of communication and transportation in the hands of the State

We call it the Federal Communications Commission (FCC) and Department of Transportation (DOT) mandated through the ICC act of 1887, the Commissions Act of 1934, The Interstate Commerce Commission established in 1938, The Federal Aviation Administration, Federal Communications Commission, and Executive orders 11490, 10999, as well as State mandated driver's licenses and Department of Transportation regulations. There is also the postal monopoly, AMTRACK and CONRAIL

7. Extension of factories and instruments of production owned by the State, the bringing into cultivation of waste lands, and the improvement of the soil generally in accordance with a common plan.

We call it corporate capacity, The Desert Entry Act and The Department of Agriculture. As well as the Department of Commerce and Labor, Department of Interior, the Environmental Protection Agency, Bureau of Land Management, Bureau of Reclamation, Bureau of Mines, National Park Service, and the IRS control of business through corporate regulations.

8. Equal liability of all to labor. Establishment of Industrial armies, especially for agriculture.

We call it the Social Security Administration and The Department of Labor. The National debt inflation caused by the communal bank has caused the need for a two "income" family. Woman in the workplace since the 1920's, the 19th amendment of the U.S. Constitution, the Civil Rights Act of 1964, assorted Socialist Unions, affirmative action, the Federal Public Works Program and of course Executive order 11000. And I almost forgot...The Equal Rights Amendment means that women should do all work that men do including the military and since passage it would make women subject to the draft.

9. Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country by a more equable distribution of the population over the country.

We call it the Planning Reorganization act of 1949, zoning (Title 17 1910-1990) and Super Corporate Farms, as well as Executive orders 11647, 11731 (ten regions) and Public "law" 89-136.

10. Free education for all children in government schools. Abolition of children's factory labor in its present form. Combination of education with industrial production, etc. etc.

People are being taxed to support what we call 'public' schools, which train the young to work for the communal debt system. We also call it the Department of Education, the NEA and Outcome Based "Education".

So I ask you...does changing the words, change the end result? By using different words that make it sound "American" is it all of a sudden OK?


1,125 posted on 06/23/2005 6:57:26 PM PDT by Navydog
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To: jwalsh07

"Congress has several means to remedy rogue courts. They have Article 3 powers to limit the courts jurisdiction"

The Supreme Court will overrule any application of this against themselves as unconstitutional.


"They have the impeachment power."

Theoretical.
Requires a supermajority which cannot be obtained.

"They have the power to amend the Constitution, see Dred Scott."

Theoretical.
Requires an even larger super-majority that cannot be obtained. Also, Dred Scott was effectively overruled by the outcome of the Civil War, the post-Civil War Amendments could not have been passed at all had white southerners who had participated in the rebellion been permitted to organize and vote. Finally, the 13th, 14th and 15th Amendments were effectively overruled by the Supreme Court in 1896 in Plessy v. Ferguson, and did not regain any authority until the Supreme Court rediscovered them in 1954 Brown v. Board of Education.
Amending the Constitution has not historically worked against the Supreme Court. The Supreme Court merely ignores or reinterprets the amendments.

"And finally they have the power to add justices to the Supreme Court wihtout super majorities being required, check with FDR on that one. :-}"

FDR failed to pack the court, and lost considerable political support in Congress when he attempted to do it.

The only successful, sustained override of the Supreme Court was by the President Lincoln, and was through straight out refusal to obey court orders.


1,126 posted on 06/23/2005 6:57:36 PM PDT by Vicomte13 (Et alors?)
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To: Craven Moorhead

I do not know.


1,127 posted on 06/23/2005 6:59:16 PM PDT by Vicomte13 (Et alors?)
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To: Calpernia
The 5th Amendment allows it

NATIONAL EMINENT DOMAIN POWER

  Overview

1,128 posted on 06/23/2005 7:01:12 PM PDT by Coleus (Free Republic: Home of the Keyboard Warriors)
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To: JerseyHighlander

What's to stop government from taking over a farmers ag exempt land for a housing development now?


1,129 posted on 06/23/2005 7:02:36 PM PDT by CindyDawg
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To: Coleus

So do you think we could get Pataki to seize the Memorial site?


1,130 posted on 06/23/2005 7:02:44 PM PDT by Calpernia (Breederville.com)
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To: CindyDawg

Nothing. Has already been done in NJ.

http://www.usdoj.gov/usao/nj/publicaffairs/NJ_Press/files/dami0127_r.htm

Remember this story? Political bribes a la McGreevey "Machiavellian" style?


Washington Stables http://www.washingtonstables.com owned by Halper's Family Farm will be shut down by October 2005 a la eminent domain.


1,131 posted on 06/23/2005 7:04:04 PM PDT by Calpernia (Breederville.com)
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To: TheBigB

If they don't do anything I will not even vote for a republican dog catcher in the future.


1,132 posted on 06/23/2005 7:04:26 PM PDT by CindyDawg
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To: jwalsh07

I take it the two prior decisions on blight and oligopoly are equally unconsitutional in your view. If so, that is certainly a defensible position (and if SCOTUS went that way, we might need a Constitutional amendment). But the Sandra Day distinctions in reading her dissent drove me nuts. They just don't do anything for me.


1,133 posted on 06/23/2005 7:04:50 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Vicomte13
But in the American South there is an enormous disparity in power between the great employers such as GM or Weyerhauser and the local workers of very modest means.

You should quit getting your information on the SOuth for the racist leftist press.

We in the rural south are armed, our ecomonies are booming, and we have plenty spare land to sale that no one currently lives on. If GM or Weyerhauser want to build a factory, we would be more than happy to sale them open fields and forests of land that no one currently lives on, but are on both a fourlane highway and a railroad.

1,134 posted on 06/23/2005 7:06:44 PM PDT by Paul C. Jesup
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To: jwalsh07

No problem if just compensation is paid despite the inconvenience to me. As a policy matter, this stuff doesn't bother me at all, if there is really is a public good involved as opposed to a phony influence peddling thingie.


1,135 posted on 06/23/2005 7:07:23 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Vicomte13

That's the beauty of the American system. Nothing is purely this or that.


1,136 posted on 06/23/2005 7:08:16 PM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: Vicomte13

You simply offer opinions as to the efficacy of each power. My statement stands alone, Congress has the power to rein in the court. And by the way, the Supreme Court can not rule on anything that isn't before them. If Congress limits the court, the court can not offer any opinion at all.


1,137 posted on 06/23/2005 7:08:57 PM PDT by jwalsh07
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To: Calpernia

what would he do with it.


1,138 posted on 06/23/2005 7:09:07 PM PDT by Coleus (Free Republic: Home of the Keyboard Warriors)
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bump


1,139 posted on 06/23/2005 7:09:45 PM PDT by XHogPilot
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To: Lancey Howard

I'v checked around and Liberals and Conservatives all hate this decision. The Liberal wing of the Supremes really pulled one off this time. Imagine how hard it is to tick off EVERYONE!!


1,140 posted on 06/23/2005 7:10:56 PM PDT by Don@VB
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