Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Definition of Eminent Domain
me | 6-24-05 | jim_trent

Posted on 06/24/2005 6:53:25 AM PDT by jim_trent

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160 ... 181-190 next last
To: jim_trent
I have questions and comments about the first three points of your article.

"1. There has to be a public finding by a LOCAL government body that land is needed for a project. There are public hearings (in every case I know of) before they decide."

From personal experience I can say that local public hearings, really all government hearings, are fixed and the outcomes predetermined. The results are a a product of political dealings, not public input.

"2. There has to be “just compensation” paid for all property taken, including the land and all real property attached to it. That includes buildings, fences, outbuildings, crops, orchards, etc."

What about future revenues from said property. Say a landowner has a tourist attraction that can only be run on that property. Maybe an odd natural feature or a "George Washington slept here" thing, or in an area where no other viable alternatives exist . How is the owner compensated for the loss of revenue?

"3. Just compensation is determined by an appraisal. What the property could be sold for today is the present value."

In my limited experience of appraisals for home loan refinancing, the appraisals are far short of what the home would really sell for. How do we compensate for that?
121 posted on 06/24/2005 8:36:04 AM PDT by SoCal Pubbie
[ Post Reply | Private Reply | To 1 | View Replies]

To: jim_trent

If nothing was unique or significant about this case, the SCOTUS wouldn't have granted certiorari.

Obviously, the decision is a significant broadening of gov. power at the expense of individual rights to private property ownership. In addition, considering the actual facts, i.e., no blight, middle-class families (at least one of whom was born in her residence and has lived there for several decades while married), corporate giant (Pfizer) beneficiary, and the realities of the prospects for abuse, people have every right to be outraged.


122 posted on 06/24/2005 8:36:44 AM PDT by Kryptonite
[ Post Reply | Private Reply | To 1 | View Replies]

To: SoCal Pubbie

I hate real esate agents and thier buddies land appraisal agents.

Its all back room crap. Politics has grown to feed off us. If there was a bigger waste its our judicial system. I believe you should not be allowed to be a judge if you ever had been a lawyer.


123 posted on 06/24/2005 8:42:53 AM PDT by Baseballguy
[ Post Reply | Private Reply | To 121 | View Replies]

To: Captain Rhino
Ad hominen attacks are not permitted.

Then don't make them.

Make your case with the facts at issue or quit the field.

I made my case you quit the field. Rightfully so, I might add since you don't have a constitutional leg to stand on.

124 posted on 06/24/2005 8:51:00 AM PDT by jwalsh07 ("Su casa es mi casa!" SCOTUS 6/23/05)
[ Post Reply | Private Reply | To 114 | View Replies]

To: jim_trent

They've had the right to take your land for the public good, not to take it and give it to private developer. When Donald Trump built his TAJ casino in Atlantic City he had to pay 2x to 3x market to aquire some holdout properties. Now he gets to pay market price and take it. Government reserves the right to condemn property in order to give it to whoever will pay the most in taxes on it.


125 posted on 06/24/2005 9:01:04 AM PDT by kylaka
[ Post Reply | Private Reply | To 10 | View Replies]

To: You Dirty Rats

Interesting post and you point directly at the problem to be addressed: what is the public interest when economic development is the goal driving the use of eminent domain proceedings?

Both the dissenters and the majority looked at this issue.

The dissenters complained that the majority had not provided any guidelines for evaluating economic development eminent domain condemnations to ensure they were in the "public interest."

The majority view was that there was just too much variety in the possible projects that governments undertake to make up a comprehensive set of guidelines that would be applicable in every case. They choose to rely on open and publically reviewable governmental planning processes to identify appropriate projects and on the established judicial protocols and procedures for handling the eminent domain cases as they arise. (And let's remember that there were 115 parcels of land in the project and all but 11 landowners(some of them related to others) choose to accept the development authority's offer without court action. So the use of eminent domain proceeding was a last, not a first, resort.) So it seems to me that the majority wanted to keep things as simple and as local as possible.

At the end of it's opinion, the majority also strongly invited States to impose stricter standards on this type of economic development activity if they wanted to. So action on this issue now really resides at the State (and lower) level(s) of government.

So if you really think it is a good idea for 11 property owners to be able to disrupt or entirely derail an economic development project that might bring hundreds or thousands of jobs back into a community that has be economically depressed for 15 or more years, then get your state legislature to outlaw the use of eminent domain proceedings in these instances and then be prepared to live with the consequences. The court is saying that you just can't use the 5th Amendment takings clause anymore to roadblock efforts and make a federal case out of it. (No or unjust compensation notwithstanding.)


126 posted on 06/24/2005 9:45:17 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 95 | View Replies]

To: Lazamataz
"What sort of banana republic have we become?"

One with lots of monkeys that vote the bananas are an entitlement.

127 posted on 06/24/2005 9:59:31 AM PDT by spunkets
[ Post Reply | Private Reply | To 45 | View Replies]

To: Flyer

Yes, it is a hard and painful thing to do (or even just watch). But there are times when land (which you can't just go out to a store and buy more of) just has to be reused for the public good. But it is not something to be done flippantly and that's why it has to be a complicated, procedure ladened, public process.


128 posted on 06/24/2005 10:07:57 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 104 | View Replies]

To: Lazamataz

Bit of both actually. There are still convictions, just not as many as there ought to be.


129 posted on 06/24/2005 10:09:24 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 106 | View Replies]

To: savedbygrace

Fight back by taking the majority's suggestion to make eminent domain takings for economic development more restrictive by changing the appropriate laws at the State level or amending state constitutions to prohibit it. But be prepared to live with the consequences when someone becomes unreasonably stubborn.


130 posted on 06/24/2005 10:13:10 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 109 | View Replies]

To: jim_trent

Definition of Eminent Domain

"The government wants it. The government takes it."

It's really that simple.


131 posted on 06/24/2005 10:16:00 AM PDT by Tall_Texan (Visit Club Gitmo - The World's Only Air-Conditioned Gulag.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jim_trent
I don't know what the Supremes in their ignorance mean by that but my definition, according to the Communist System (which these boobs must be members of)is - now you have it, now you don't, the new tyranny brought to us by the 2005 U.S. Supreme Court!!!
132 posted on 06/24/2005 10:16:32 AM PDT by zerosix
[ Post Reply | Private Reply | To 1 | View Replies]

To: You Dirty Rats
The Opinion of the Court was very respectful of Federalism. How hypocritical. The Liberals on the Court hate Federalism and only use it when they need it to get the result they want. When they didn't want it on the medicinal marijuana case, they junked it in a flash.

Help me here. I want to understand your point and I'm not following you.
133 posted on 06/24/2005 10:16:39 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 113 | View Replies]

To: freeeee

You are entitled to your opinion. It is not mine.


134 posted on 06/24/2005 10:19:15 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 115 | View Replies]

To: jim_trent
"The power of government to take private property for public use."

Public use, not private use with public benefits. The 14th Amend. was enacted to prevent the States from trampling the rights of it's citizens. In particular, it's minority citizens. The SCOTUS failed to do so here and left some citizens with less property right than the feds recognize.

Seems the 14th can be used only to protect abortion, porn, cornholin', flag burning and other such things. It's not used to protect rights and Freedom at the expense of socialism. This case protects the fascist version.

135 posted on 06/24/2005 10:19:52 AM PDT by spunkets
[ Post Reply | Private Reply | To 1 | View Replies]

To: null and void

Details please. Yeah, I've had a case of having all the justice I could stand to afford.


136 posted on 06/24/2005 10:21:42 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 119 | View Replies]

To: jwalsh07

Goodbye.


137 posted on 06/24/2005 10:23:20 AM PDT by Captain Rhino ("If you will just abandon logic, these things will make a lot more sense to you!")
[ Post Reply | Private Reply | To 124 | View Replies]

To: Think free or die

Every Public Works department I am aware of has general plans for the next 40 or 50 years based on projected growth. They are in the public domain and are available for the asking (and more and more are being posted on the Internet so you don't even have to ask).

I have never understood anyone who bought a nice little house on a two-lane road a few miles from the city limits of a fast growing city and expect it to never change. Its to old "I have mine so I want to keep everyone else from getting the same thing" syndrome. It is BS, pure and simple.

Anyone who doesn't plan for growth in the future will get run over by it. And they deserve to.


138 posted on 06/24/2005 10:42:42 AM PDT by jim_trent
[ Post Reply | Private Reply | To 67 | View Replies]

To: Captain Rhino

It happened on my property. The owner of the dog didn't have any money, so she sued me.


139 posted on 06/24/2005 10:45:44 AM PDT by null and void (No man's life, liberty, or property are safe as long as court is in session)
[ Post Reply | Private Reply | To 136 | View Replies]

To: Captain Rhino; You Dirty Rats
At the end of it's opinion, the majority also strongly invited States to impose stricter standards on this type of economic development activity if they wanted to. So action on this issue now really resides at the State (and lower) level(s) of government.

I was having the same thoughts as YDR and applaud his posting and your reply. In essence, what you are saying (as posted above) is this case is a prime example of federalism at work. Agree/disagree, expound at your pleasure.

If you agree that this is an example of federalism, please expand your thoughts on how far that will really take us in this particular discussion on eminent domain. IMO, federalism is currently a dying concept because of activist courts that create new "findings and penumbras" on their own whim. Along with some other posters in this thread, I see mostly bad tidings here and don't really see an out with action at the state level as proposed by the SCOTUS opinion.

TIA for your response...I appreciate your participation in the thread thus far.

140 posted on 06/24/2005 10:48:45 AM PDT by T-Bird45
[ Post Reply | Private Reply | To 126 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 101-120121-140141-160 ... 181-190 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson