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Professor: N.C. unaffected by Supreme Court condemnation ruling
Durham Herald-Sun [Herald-Sun.com] ^ | June 23, 2005 | Staff

Posted on 06/24/2005 7:28:56 AM PDT by Constitution Day

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To: Constitution Day
There was a case in NC a few years ago where DuPont owned a llarge track of land near Brevard & Pisgah National Forest that the state wanted. The land was auctioned - a private developer bid higher than the state and bought it. The developer then made several hundred thousand dollars of improvements.

But the state then decided it really should have gotten the property and offered and took it from the developer. North Carolina gave the developer less than NC had even offered at the auction as NC said they could not afford the land otherwise.

One large topic not discussed this week is just compensation - after land is seized.

41 posted on 06/24/2005 10:28:16 AM PDT by NorthGA
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To: hdrabon
I don't know that I'd go that far, but it might be a good idea to also hoist this guy in close proximity...

42 posted on 06/24/2005 10:33:22 AM PDT by ErnBatavia (Like a fool, I looked up from 'neath the tree as the bird chirped...Vogelspooren)
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To: wyattearp

Well, then, this shold be the way we proceed in every state.


43 posted on 06/24/2005 10:55:49 AM PDT by LS (CNN is the Amtrak of news)
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To: ErnBatavia; hdrabon

I can get behind that, Ern. I do have a Gadsden flag somewhere.

I'm not too hip on the upside-down Stars and Stripes, though.


44 posted on 06/24/2005 11:08:49 AM PDT by Constitution Day (Emphatically eschew exclamatory excess.)
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To: Constitution Day

Considering that Basnight, Black and Weasley are in charge this professor couldn't be more wrong!


45 posted on 06/24/2005 11:37:28 AM PDT by 100%FEDUP (I'm seeing RED!)
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To: 100%FEDUP

Good point. I think he meant as the laws stand now, though.


46 posted on 06/24/2005 11:39:34 AM PDT by Constitution Day (Emphatically eschew exclamatory excess.)
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To: Constitution Day

When have basnight, black and weasley ever observed the current laws.


47 posted on 06/24/2005 11:52:14 AM PDT by 100%FEDUP (I'm seeing RED!)
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To: OpusatFR

Condemnation is initiated by a city or county only, and only with the authorization granted by the state legislature, at least here in NC. I have handled condemnation cases from both sides. David Lawrence is correct in his assessment.


48 posted on 06/25/2005 11:43:25 AM PDT by NCLaw441
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To: ErnBatavia

My madness is comprised of method, or something or the other in one form or place, you know? It's like THIS: Our country is now in serious distress, and this is a VERY appropriate way for the citizenry to respond.

Now please consider --

Have you noticed how few to NO community, or more importantly, national leaders, Republican/Democrat, liberal/conservative have come to the defense or condemnation of the Supreme Court's erosion of our 5th Amendment rights last week?

Thomas Jefferson had THIS to say --

"To consider the judges (the legal industry) as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges (the legal industry) are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves."
—Thomas Jefferson to William C. Jarvis, 1820. ME 15:277

Then --

"In denying the right [the Supreme Court usurps] of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow . . . The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."
—Thomas Jefferson to Spencer Roane, 1819. ME 15:212

Catch that last line again: "The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."

As I've been saying for so long, "It's the legal industry, stupid." They've been playing us against each other while they've quietly been taking control.

Regrettably, it appears that except for local and national "conservative" talk-show hosts, the nation has been lulled back to sleep.

Nevertheless, we've still got our flag upside down for the fourth. Take care, all!

HDRabon


49 posted on 06/26/2005 4:14:14 PM PDT by hdrabon (No surprise here!)
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To: hdrabon

>we've still got our flag upside down for the fourth

Hardly a solution. Now the 4th itself, that offers some insight into a solution. So while you're hanging the flag upside down hoping someone will see the distress call, recall the 56 men who knew what needed to be done, and it got done.

Enough is enough.


50 posted on 07/15/2005 12:41:39 PM PDT by LibertySon
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To: LibertySon
Two years ago as part of a real estate "farming" project, my wife and I put small American flags (rightside up, mind you) in each yard in our small neighborhood and a couple of additional neighborhoods close-by. We placed 100 flags (though, more or less, this was an advertisement for the real estate agency with which I worked). We got great replies from several of the neighbors, and especially some of the veterans. (My wife is a veteran, too, by the way.) As part of the "response" to our upside downing of the flag, one of the local "decorated" Iraq veterans recently returned (home for at least 2 years) asked us about our action. We explained, and together we discussed a number of issues. (We are "with" him and the others serving in Iraq who have come to know that we ARE doing the right thing to fight for our liberty against a theo-centric political philosophy, paradise-bent on world domination.) He agrees we are in trouble and thanked us for OUR courage. . . . We were/are humbled at HIS comment when all we are trying to do is bring attention to what are truly perilous times ahead for the US citizenry FROM WITHIN! It may be no solution, but it sure does get attention -- Maybe the type of attention is not the same as the "56," but our resolve to maintain their dreams for our country is no less. I love your Freep-name -- LibertySon. Thank you for your comments. Hubert D. Rabon Monroe, NC
51 posted on 07/20/2005 6:18:40 AM PDT by hdrabon (No surprise here!)
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