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Indianapolis, Indiana rushes to use SC ruling to seize property
FOX News

Posted on 06/24/2005 10:38:12 AM PDT by jeffers

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To: Joe Brower

Make it a gun supermarket and ammo store with an indoor range and you have a deal.


101 posted on 06/24/2005 1:15:43 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: AmishDude

""Why are you replying to me?

Well, I wouldn't mind a nice fat check for my house from a greedy developer (and the city makes sure everybody knows how much it's worth thanks to the property tax) but, no I'm not the CEO of an evil corporation out to buy up lots of low-cost land for development. I just have an interest in the truth and cutting down the unnecessary hyperbole.""


Where does it say in the constitution "public good" or "to benefit the public". The Phase "public use" is pretty clear, if they meant something else they would have stated that way.

I am simply pointing out a mistruth about the ruling and what is stated in the constitution.

Just because governemnts have gotten away with it in the past doesn't mean it is OK now.


102 posted on 06/24/2005 1:28:42 PM PDT by commonerX
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To: jeffers

Sorry, but due to the girlieman Republicrat majority, the feeding tube for private property rights has been pulled.
All your property is now theirs.
All your information is now theirs.
All your children are now theirs.
Welcome to the New World Order.
Resistance is futile.


103 posted on 06/24/2005 1:30:59 PM PDT by polymuser
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To: editor-surveyor; jeffers

Signed, and thanks for the ping.

In Inglewood, CA, Walmart made a bid to build a supercenter. It was voted down en masse. Now what? Inglewood=South Central Los Angeles, btw. Home of the Rodney King riots....


104 posted on 06/24/2005 1:35:04 PM PDT by TheSpottedOwl (Free Mexico!...End Black Collar Crime)
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To: rebelyeller
Soon we will no longer be the United States of America, we'll be the socialist state of south canada.

I'm afraid you can take the "Soon" out of that sentence.

105 posted on 06/24/2005 1:40:10 PM PDT by Marathoner
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To: shellshocked

Start a new thread with the same title as this, only replacing "Indianapolis, Indiana" with "Denver, Colorado".

This thread is an offshoot of one similarly named referring to Texas.

With the Supreme Court abdicating our Constitutional protection, state law is our last peaceful recourse to protection of our property rights.

Put those governments on notice, right in the headline of a new thread.


106 posted on 06/24/2005 1:42:16 PM PDT by jeffers
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To: subterfuge

I believe it. They have tried to seize land from several of the towns surrounding O'Hare and one time they actually did offer to buy my parents former home. They offered about 1/4-1/3 what it would have been worth on the open market.


107 posted on 06/24/2005 1:45:15 PM PDT by retrokitten (www.takebackthememorial.org)
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To: zbigreddogz

What use is a law when the Constitution itself has been overturned in effect?


108 posted on 06/24/2005 1:46:11 PM PDT by jeffers
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To: ancient_geezer

Thanks for the ping. I've been so busy on the e.d. threads that I haven't even looked at the tax reform threads lately.


109 posted on 06/24/2005 2:24:42 PM PDT by groanup (our children sleep soundly, thank-you armed forces)
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To: groanup

Tag line change bump


110 posted on 06/24/2005 2:30:36 PM PDT by groanup (I know not what course others may take but, as for me, give me liberty or give me death.)
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To: AmishDude
This ruling is not a good one, but it does not override states rights. No CT law was overturned. None.

I'll agree that no state law was overturned. However, SCOTUS has made it known what states will now have to abide by relative to property rights. As far as I am concerned they treaded on states rights. They could have refused to hear the case and sent it back to the state. The state legislature could then enact whatever law they wanted. Now it will take a State Constitutional amendment to overcome what SCOTUS has ruled and even that may be thrown out by the SCOTUS because of their ruling. And then there is the following from another website: Eminent domain is a practice indirectly sanctioned by the U.S. Constitution. The Fifth Amendment's protection against unwarranted government interference adds a caveat: "Nor shall property be taken for public use, without just compensation."

111 posted on 06/24/2005 2:50:22 PM PDT by taxesareforever (Government is running amuck)
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To: AmishDude
The problem is that this comes out of the railroad rulings in the 1800s.

One could argue a military (i.e. national security) issue for railroads, at least in the past. I think the interstate highway system was put in place and federally funded exactly so that tanks could move around if necessary.

Stadia have a similar problem. They need many acres of contiguous land. (Parking, etc.)

They are not essential for national defense nor for essential government services. True, they "need" a lot of land, but people living in a free country "need" property rights too.

Your idea of "just compensation" is interesting, but it ultimately inshrines this bad idea of ED into law. For "public use" the value of property often goes down or is unable to be properly assessed (a public park, for example) because it cannot be used privately.

That's a good point, but there are plenty of examples where a landowner is evicted so the city can rezone to more valuable land, allowing a developer to cash in at the former landowner's expense. Maybe a good solution would be to stipulate that "just compensation" is for FMV if the land will be zoned to a less-valuable state after the ED taking, but is for FMV after the planned rezoning, if it is rezoned to a more-valuable state. (But, no fair rezoning to a garbage dump for the purpose of minimal "just compensation", and then rezoning again to office space after the 1-year-and-1-day deadline passes, stiffing the landowner.)

112 posted on 06/24/2005 2:52:43 PM PDT by coloradan (Hence, etc.)
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To: jeffers

BTTT


113 posted on 06/24/2005 2:54:21 PM PDT by Fiddlstix (This Tagline for sale. (Presented by TagLines R US))
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To: coloradan
One thing I haven't heard is that a long-thinking government could take land for one purpose -- a park -- and several years later, make luxury condos out of it. The real disincentive to this is the "just compensation" part.

It would be interesting for an enterprising lawyer to argue that "just compensation" can be calculated from the revenue expected from the recipient. I don't know that it hasn't been done already.

Oh, Eisenhower designed the highway system so that planes could land there in an emergency. That is why the highways have several miles of perfectly straight road, then twist and turn, and go straight again.

114 posted on 06/24/2005 3:05:02 PM PDT by AmishDude (Once you go black hat, you never go back.)
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To: taxesareforever
Now it will take a State Constitutional amendment to overcome what SCOTUS has ruled and even that may be thrown out by the SCOTUS because of their ruling.

You are quite misinformed. I don't know why this is so hard to understand.

115 posted on 06/24/2005 3:06:42 PM PDT by AmishDude (Once you go black hat, you never go back.)
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To: RockinRight

well said.......


116 posted on 06/24/2005 3:10:48 PM PDT by indcons (The Koran - the world's first WMD)
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To: AmishDude
One thing I haven't heard is that a long-thinking government could take land for one purpose -- a park -- and several years later, make luxury condos out of it.

I already anticipated that and call it distinctly unjust.

Oh, Eisenhower designed the highway system so that planes could land there in an emergency. That is why the highways have several miles of perfectly straight road, then twist and turn, and go straight again.

That might have been a designed capability for the roadways, but I don't think it's the reason the highway system was built in the first place.

117 posted on 06/24/2005 3:27:41 PM PDT by coloradan (Hence, etc.)
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To: AmishDude
Now it will take a State Constitutional amendment to overcome what SCOTUS has ruled and even that may be thrown out by the SCOTUS because of their ruling. You are quite misinformed. I don't know why this is so hard to understand.

Beg your pardon, but I do not believe I am misinformed.

118 posted on 06/24/2005 3:46:51 PM PDT by taxesareforever (Government is running amuck)
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To: sgtbono2002

""What good will a State law do when all they have to do is take the case to the Supreme Court and we already know how they will rule.?""

no state law was overrulled yesterday


119 posted on 06/24/2005 3:48:03 PM PDT by atlanta67
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To: jeffers

I am not sure in this case of a statium you can call that private use.

If the statium is going to be publically owned, yesterdays ruling has no effect on this type of eminent domain.

Yesterdays cse was about private development not public development


120 posted on 06/24/2005 3:50:29 PM PDT by atlanta67
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