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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

U.S. Supreme Court says cities have broad powers to take property.


TOPICS: Breaking News; Front Page News; Government; News/Current Events
KEYWORDS: barratry; bastards; biggovernment; blackrobedthieves; breyer; commies; communism; communismherewecome; confiscators; corrupt; doescharactercount; duersagreewithus; eminentdomain; fascism; feastofbelshazzar; foreignanddomestic; frommycolddeadhands; ginsburg; grabbers; henchmen; hillarysgoons; isittimeyet; johnpaulstevens; jurisbullshit; kelo; liberalssuck; livingdocument; moneytalks; mutabletruth; nabothsvineyard; nabothvsjezebel; nuts; oligarchy; plusgoodduckspeakers; plutocracy; positivism; prolefeed; propertyrights; revolutionwontbeontv; robedtryants; rubberethics; ruling; scotus; showmethemoney; socialism; socialistbastards; souter; stooges; supremecourt; thieves; turbulentpriests; tyranny; tyrrany; usscsucks; votefromtherooftops; wearescrewed; weneededbork; whoboughtthisone; youdontownjack
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To: Delphinium
Can you imagine what this will mean?

I don't have to imagine my FRiend...the reality is already here. Like sheep being led to the socialist slaughterhouse. All I know is...I'm not going down without a fight. Eff'em.

321 posted on 06/23/2005 9:04:51 AM PDT by BureaucratusMaximus (Socialists are blessed with the desire to serve others. That's why most of them work @ McDonalds)
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To: Helmholtz

322 posted on 06/23/2005 9:05:15 AM PDT by fishtank
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To: Walkingfeather

Then this decision would apparently doom your present position, as you said. My condolences.

I would make sure to follow the money trail of your property......best case, get as much money as you can. Maybe ask for time to file alternate development plans, or some other maneuver that will force the city to demonstrate preferential treatment of one party over another, which can then be a subject of a lawsuit......I have no idea if any of these would be viable options.


323 posted on 06/23/2005 9:05:44 AM PDT by RFEngineer
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To: RightWhale

Not recently, no, but what is your point? The Fifth Amendment says "private property" not "personal property".. How much more explicit can it get?


324 posted on 06/23/2005 9:05:51 AM PDT by AntiGuv (™)
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To: BikerNYC
I want to see the Preseident come out fast and hard against this decision, and stand up for property owners rights on this issue. On this he must take a stand.

You're going to be disappointed. W's never been great on this issue. After all, when he was with the Rangers, he saw nothing wrong with the state seizing private land for a new baseball stadium.

325 posted on 06/23/2005 9:06:26 AM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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To: ActionNewsBill

why don't we band together and get a FReeper in there?


326 posted on 06/23/2005 9:06:40 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: CajunConservative

This ruling is in line with past actions of governments which means it is nothing new and therefore no reason to panic.

Any project which uses federal funds (don't they all?) must follow the rules of the Uniform Relocation and Assistance and Real Property Acquisition Act which requires that market prices be paid for any property.


327 posted on 06/23/2005 9:06:52 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Dead Corpse

Well, if you ever had to spend the night in my barn, I would never tell. :)


328 posted on 06/23/2005 9:06:54 AM PDT by Graymatter
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To: Helmholtz

The Supreme? Court screws the Costitution and common man again.


329 posted on 06/23/2005 9:07:14 AM PDT by rock58seg (RINO"s make the Republicans MINO"s (Majority In Name Only)!)
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To: Helmholtz

Wow! So we only have bedroom rights now? No property rights?


330 posted on 06/23/2005 9:07:25 AM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: Publius Valerius
Take a look at local and regional housing markets now going through what one might or might not consider a housing bubble. Land developers are Republicans donor base. Large corporations and real estate developers who will benefit from eminent domain, are Republicans. The Republican party in most of these housing markets would not dare create stricter eminent domain guidelines to hamper their contributors.

Construction:
Long-Term Contribution Trends

 

Election Cycle

Total Contributions

Contributions from Individuals

Contributions from PACs

Soft Money Contributions

Donations to Democrats

Donations to Republicans

% to Dems

% to Repubs

2006*

$3,522,933

$2,798,794

$724,139

N/A

$902,811

$2,612,622

26%

74%

2004*

$70,835,277

$57,884,248

$12,951,029

N/A

$19,547,253

$51,015,045

28%

72%

2002

$45,652,203

$27,434,366

$9,645,860

$8,571,977

$13,942,526

$31,632,301

31%

69%

2000

$55,984,039

$36,214,401

$9,546,212

$10,223,426

$17,775,884

$37,823,669

32%

68%

1998

$32,887,400

$18,733,904

$8,796,274

$5,357,222

$10,673,020

$22,117,824

32%

67%

1996

$34,525,975

$20,034,846

$7,459,612

$7,031,517

$11,090,213

$23,312,823

32%

68%

1994

$21,719,549

$12,682,133

$6,008,951

$3,028,465

$8,601,455

$13,107,864

40%

60%

1992

$24,117,075

$15,824,604

$5,262,987

$3,029,484

$9,722,640

$14,369,097

40%

60%

1990

$12,550,717

$7,201,591

$5,349,126

N/A

$4,975,862

$7,597,125

40%

61%

Total

$301,795,168

$198,808,887

$65,744,190

$37,242,091

$97,231,664

$203,588,370

32%

67%

*These figures do not include donations of "Levin" funds to state and local party committees. Levin funds were created by the Bipartisan Campaign Reform Act of 2002.

METHODOLOGY: The numbers on this page are based on contributions of $200 or more from PACs and individuals to federal candidates and from PAC, soft money and individual donors to political parties, as reported to the Federal Election Commission. While election cycles are shown in charts as 1996, 1998, 2000 etc. they actually represent two-year periods. For example, the 2002 election cycle runs from January 1, 2001 to December 31, 2002.  Data for the current election cycle were released by the Federal Election Commission on Tuesday, May 10, 2005.

Feel free to distribute or cite this material, but please credit the Center for Responsive Politics.

NOTE: Soft money contributions to the national parties were not publicly disclosed until the 1991-92 election cycle, and were banned by the Bipartisan Campaign Finance Reform Act following the 2002 elections.

http://opensecrets.org/industries/indus.asp?Ind=C

331 posted on 06/23/2005 9:07:32 AM PDT by JerseyHighlander
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To: BureaucratusMaximus
and the land on which it is built

Why did you add that? The author of the original assertion did not add that.

Somebody else in all likelihood owns the land under your house. You in all likelihood have surface use rights. If you have other rights, you are uncommonly rare.

332 posted on 06/23/2005 9:08:01 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: justshutupandtakeit

At the risk of being flamed isn't this a States Rights issue? Why should the Fed tell states about their Econ. Dvlp. procedures?


333 posted on 06/23/2005 9:08:30 AM PDT by Borges
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To: acad1228

" The local government won't see any revenue from the tolls for eleven years, and even then it will only be a small per cent-age"

still, it seems like a more traditional use of eminent domain.


334 posted on 06/23/2005 9:08:39 AM PDT by RFEngineer
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To: mizmoutarde
The Repubs need to take action on this or what good are they?

(Most) Elected officials (ON BOTH SIDES) are disinterested in "serving" the public and upholding the Constitution...they'll keep on destroying it...not to save it...but to increase their gains in money and power (we call those people crooks and tyranical bastards). That memo was passed out years ago...perhaps you missed it.

335 posted on 06/23/2005 9:09:07 AM PDT by BureaucratusMaximus (Socialists are blessed with the desire to serve others. That's why most of them work @ McDonalds)
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To: Graymatter
Ditto.

1 if by land. 2 if by sea.

I feel like I'm sitting outside of Boston Common. I coulda swore I just heard a gun shot.

336 posted on 06/23/2005 9:09:16 AM PDT by Dead Corpse (Never underestimate the will of the downtrodden to lie flatter.)
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To: fishtank

awesome!


337 posted on 06/23/2005 9:10:09 AM PDT by kstewskis ("I don't know what I know, but I know that it's big..." Jerry Fletcher)
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To: volchef; montag813

This decision specifically refers to the eminent domain taking of a well established 117 home community being plowed under to build a hotel/restaurant/office building/& 80 NEW HOMES.

The appraised values of the homes confiscated are above the national median home price. They were older homes on a killer location.


338 posted on 06/23/2005 9:10:11 AM PDT by JerseyHighlander
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To: Helmholtz
Everyone here needs to read The Law by Frederick Bastiat.

Bastait talks about "legal plunder" by government. Go HERE for a good copy of The Law.

339 posted on 06/23/2005 9:10:13 AM PDT by A. Patriot
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To: Tatze

I know yer not over-reacting ,... I'm chewing 16p nails I'm so mad ,... so,lemme get this straight?!!?? If I find a nice spot,buy it,and some developer thinks its nice also,he can get someone with "juice" in that jurisdiction to TAKE[reimburse,hahaha] my property??


340 posted on 06/23/2005 9:10:41 AM PDT by Dad yer funny
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