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This is EXACTLY the type of situation that the US Constitution was written to protect US citizens against. Thanks to the Supreme Court, we no longer have any protection from misuse of Eminent Domain under the Constitution.
1 posted on 10/18/2005 6:20:09 AM PDT by WmCraven_Wk
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To: WmCraven_Wk

I believe it is an historical truism that governments can be generally stable despite a wide variety of errors. BUT when the government starts taking the land that people own, then the government sows seeds of destruction.


2 posted on 10/18/2005 6:25:51 AM PDT by ClearCase_guy
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To: WmCraven_Wk

And this is exactly why eminant domain is not protected by letting "elected officials" decide if it is for a "public purpose" instead of being held to the higher standard of "public use".

Segal needs to maintain a lawsuit all the way to what hopefully will be a new Supreme Court eminant domain case.


3 posted on 10/18/2005 6:27:23 AM PDT by Wuli
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To: WmCraven_Wk

Was that the NewsMax version labeling all the corrupt politicians Democrats? I can't believe the (Red)Star Ledger would do that!


5 posted on 10/18/2005 6:31:20 AM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: WmCraven_Wk

That is exactly why NJ is the home state of the Sopranos.


6 posted on 10/18/2005 6:35:19 AM PDT by OldFriend (Corine Lombardo ~ American Patriot)
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To: WmCraven_Wk
It happens even at much lower and more insidious levels - town after town "banned" cell phone towers, or mounts on private structures, then contracted to have them put on water towers, town buildings or town/city property, municipal radio towers etc etc. A 1-2K a month rent, the chance for a private citizen to cover property taxes, or other expenses on unused land goes right down the toilet.
7 posted on 10/18/2005 6:36:34 AM PDT by xcamel (No more RINOS - Not Now, Not Ever Again.)
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To: WmCraven_Wk

This sounds more like an episode of "The Sopranos" and not a real case. Ah, life imitates art...


9 posted on 10/18/2005 6:40:51 AM PDT by sammycook
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To: WmCraven_Wk

The 'peasents with pitchforks' should show up on the doorsteps of the Supreme Court someday and drag the these clowns out so they can be beaten repeatedly and vigorously about the head and shoulders with blunt objects for the this ruling.


11 posted on 10/18/2005 6:41:09 AM PDT by DoctorMichael (The Fourth-Estate is a Fifth-Column!!!!!!!!!!!!!!!)
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To: WmCraven_Wk
"They want to steal my land," Segal told the Newark Star-Ledger. "What right do they have when I intend to do the exact same thing they want to do with my property?"

The ink isn't even dry on the Kelo decision and the abuse of power has begun.

12 posted on 10/18/2005 6:41:56 AM PDT by kidd
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To: WmCraven_Wk

This is even a worse case of eminent domain abuse. Both the municipality and the owner of the land want the proerty developed in the exact same manner. The only difference is that the municipality wants a local, politically connected firm to do the work instead of letting the local owner control the development. This is local politics at its worst. I just don't see how there can be a public use excuse, even for additional taxes, being an issue since the net benefit to the municipality is the same. Unless they want to press the issue that it is of greater economic impact if the local company does the development. If that is the case, the SCOTUS ruling has now dictated that municipalities can decide WHO develops the land and can use eminent domain, not just to take property for the purpose of enhancing tax revenues, but to take property strictly for the financial benefit of the developer of their choosing. No one will ever have control of development unless they have the local governments in their back pockets. Otherwise, they lose their land.


13 posted on 10/18/2005 6:41:57 AM PDT by doc30 (Democrats are to morals what and Etch-A-Sketch is to Art.)
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To: WmCraven_Wk

OMG! This makes it sound like some of the politicians in NJ are CROOKS!


21 posted on 10/18/2005 7:08:43 AM PDT by green iguana
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To: WmCraven_Wk
...the five-member township committee voted unanimously to authorize the municipality to seize Segal's land through eminent domain and name its own developer, AMJM Development, paving the way for the developer to build 90 or so townhouses on Segal's land...

SCOTUS (mostly Republican nominees) rules against "we the people" in Kelo and our Republican POTUS utters not a sound on the matter.

And some on here think those of us currently unhappy with Bush are the problem...

22 posted on 10/18/2005 7:10:00 AM PDT by WrightWings
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To: WmCraven_Wk
This is nothing more than classic NJ politics (read: Pay to Play). The only thing here that escalates the level of absurdity is the use of Eminent Domain to outright "steal" this fellow's property.

All the other specifics about political connectivity between the developers, the board, the fund raising...all that stuff has been going on in every local municipality for decades. I mean, it's NJ for heaven's sake...what did you expect? Democracy? When did the Star-Ledger wake up? Last week?

NJ sucks, I hate being a resident of a communist/socialist/police/nanny state.

23 posted on 10/18/2005 7:10:01 AM PDT by paulcissa (Only YOU can prevent liberalism.)
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To: WmCraven_Wk

I know a guy who moved to a small town and opened a store, selling certain kinds of things needed by local ranchers. He was doing quite well, and his only competition was a similar store owned by a local man.

The town declared eminent domain and claimed the outsider's property, putting him out of business, ostensibly so that they could install some kind of road bypass. As far as I know the bypass was never put in. The guy who was put out of business found out that the other store was within a few months of going bankrupt until they once again became the only game in town.

This abuse of eminent domain has been going on for years. With the recent Supreme Court decision, crooked politicians know now that they can get away with anything.


25 posted on 10/18/2005 7:17:17 AM PDT by Rocky (Air America: Robbing the poor to feed the Left)
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To: WmCraven_Wk

The town still has to pay "just compensation" for the taking, which would be the market value of the property likely established by the Centex contract, if in fact that was a bona fide deal.

Actually, this is a pretty straight forward land grab by the town and Segal will likely make out just as well either way. Typically, the town would try to depress the land value by limiting use via insidious "ordinances", then try to pay the reduced land value as just compensation only AFTER the landowner brings a case for inverse condemnation. After that is over, the would then revote the ordinances in favor of the developer.

In my opinion, that's the sort of corruption to watch out for in light of the new SC ruling.


27 posted on 10/18/2005 7:20:16 AM PDT by Boatlawyer
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To: WmCraven_Wk

Third World is as Third World does.


28 posted on 10/18/2005 7:22:36 AM PDT by freeeee ("Owning" property in the US just means you have one less landlord.)
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To: mr_hammer

ping


38 posted on 10/18/2005 10:40:08 AM PDT by Calpernia (Breederville.com)
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To: WmCraven_Wk

NJ has been pulling this type of stuff for years. Before the SCOTUS decision, they would condemn propterties to take them. Now they are just more brazen about it.


39 posted on 10/18/2005 10:54:17 AM PDT by Calpernia (Breederville.com)
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To: WmCraven_Wk

When that decision first came down I predicted that New Jersey, as the MOST corrupt state in America, would be the biggest and first abusers of people's property rights.
I'm sorry to be right.


40 posted on 10/18/2005 10:54:31 AM PDT by jmaroneps37 (Bring the troops home means bring the war home.)
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To: WmCraven_Wk

Maybe Souter would be interested in the property.

I heard he is going to be in the market for a new home soon.


This is New Joisey at its best. Too bad there are so many decent people back there who have to put up with this kind of crap.


48 posted on 11/04/2005 12:33:43 PM PST by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: WmCraven_Wk
bump ... how long is it going to be until someone just starts killing politicians like this?

It's beyond insane to think someone won't do it eventually.

50 posted on 11/04/2005 12:57:18 PM PST by Centurion2000 ((Aubrey, Tx) --- America, we get the best government corporations can buy.)
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