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

Skip to comments.

Ohio Supreme Court hears eminent domain arguments
Ohio e-CPA Weekly, Issue 3 ^ | Jan. 16-20 , 2006

Posted on 01/19/2006 4:43:19 AM PST by mr_hammer

Ohio Supreme Court hears eminent domain arguments

The Ohio Supreme Court last week heard arguments challenging a local government are right of eminent domain to acquire private property for the benefit of commercial development.

The court is being asked to overturn rulings favoring the city of Norwood's acquisition of private property from unwilling sellers to be developed by private investors - not the city. Lawyers for the city argue the private development project would generate more tax revenue for the municipality.

A divided U.S. Supreme Court last year ruled in favor of a government's right to eminent domain in such instances. Since then, the Ohio General Assembly enacted legislation (SB 167)placing a one-year moratorium on the use of eminent domain to acquire non-blighted land for private development. The legislature intends to study the economic development impacts of the practice.

Ohio is believed to be the first state to challenge eminent domain since the U.S. Supreme Court ruling. The Society's governmental affairs team will continue to monitor the progress of the lawsuit.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events; US: Ohio
KEYWORDS: development; eminentdomain; supremecourt
Navigation: use the links below to view more comments.
first 1-2021-26 next last

1 posted on 01/19/2006 4:43:22 AM PST by mr_hammer
[ Post Reply | Private Reply | View Replies]

To: mr_hammer
[The court is being asked to overturn rulings favoring the city of Norwood's acquisition of private property from unwilling sellers to be developed by private investors - not the city. Lawyers for the city argue the private development project would generate more tax revenue for the municipality.]

5 Unjust judges on the U.S. Supreme Court overturned our Constitution by taking the right to own private property by citizens and have put this power under the local governments; a tragedy and great injustice to all Americans.
Our founding fathers would have had these 5 unjust judges put out from the justice system. Times have changed and so has the interpretation of our constitution. The return to monarchy is now complete in America.
2 posted on 01/19/2006 4:52:39 AM PST by kindred (Lord,thou art God, which hast made heaven, and earth, and the sea, and all that in them is:)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mr_hammer

I hope Ohio fairs better than Florida did with their idiot S.C. justices.


3 posted on 01/19/2006 4:58:35 AM PST by moonman
[ Post Reply | Private Reply | To 1 | View Replies]

To: mr_hammer

I want to know what in the hell tax revenue has to do with the public good? It is my opinion that aside from roads and some basic services most tax revenue is wasted and would be better spent and invested by the people who earned the money in the first place. Regardless nothing justifies stealing someone's property. The government does not own us. These types should be ashamed to show their faces in public and when they do they should face showers of rocks and stones for their indignant arrogance. I'm tempted to wish the most horrible diseases on these public vermin but they already have a disease that has long rotted their souls and minds and can only be cured in hell.


4 posted on 01/19/2006 4:58:46 AM PST by Ma3lst0rm (If you can't win, convince the government to pass a law guaranteeing success.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mr_hammer

Eminent Domain, in its historical context has, although never popular, been an understood part of the need to develop and grow municipalities. There have always been abuses but the SCOTUS ruling facilitates rampant abuse. Now governments can with virtual impunity, simply take property and give it to their friends. This is an egregious assault on the Constitution. As it can deal with property that someone has spent their entire life working for only to see their efforts destroyed, I really believe that someone's going to snap.


5 posted on 01/19/2006 4:59:26 AM PST by n230099
[ Post Reply | Private Reply | To 1 | View Replies]

To: mr_hammer

"Ohio Supreme Court hears eminent domain arguments"
---
And each Justice is wondering if they want their home turned into a bed-and-breakfast by some private developer with a wicked sense of humor.


6 posted on 01/19/2006 5:04:35 AM PST by Stark_GOP
[ Post Reply | Private Reply | To 1 | View Replies]

To: mr_hammer

I think most states and cities have enacted stricter rules for the use of eminent domain...why is OH dragging their feet?


7 posted on 01/19/2006 5:14:44 AM PST by AZRepublican
[ Post Reply | Private Reply | To 1 | View Replies]

To: mr_hammer
A big step towards communism or socialism is for the government to "own" all property. If they government can take private property at any time for any reason, then the government owns the property.

And all under a supposedly "conservative" and "Republican" president too. Think of what the other side would do if it were in control of things. Even worse!

8 posted on 01/19/2006 5:15:06 AM PST by Supernatural (All the truth in the world adds up to one big lie! bob dylan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: n230099
Regretfully, things might change when a person or group of people takes a stand and blood is shed. For some inexplicable reason that is how things change in this country.

The outright buying of Mayor's and city council member's by developers is at the root of this problem. City governments must become more transparent. Don't hold your breath for this to happen any time soon.

Does anyone know a financially poor politician?
9 posted on 01/19/2006 5:15:44 AM PST by mr_hammer (They have eyes, but do not see . . .)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Stark_GOP

:-) Any updates on the Lost Liberty Hotel?


10 posted on 01/19/2006 5:16:22 AM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
[ Post Reply | Private Reply | To 6 | View Replies]

To: mr_hammer

Yes. The penniless nephew of the Forbes empire who became a gigolo and serves in the Senate.

At any point we are waiting for the Ketchup Queen to make him sleep in his car. LOL!


11 posted on 01/19/2006 5:17:51 AM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Supernatural

The government does own your property. Try not paying your property tax. Your property can be siezed and sold for the tax "owed." Who else can sell property but the owner?


12 posted on 01/19/2006 5:24:44 AM PST by Sgt_Schultze
[ Post Reply | Private Reply | To 8 | View Replies]

To: saveliberty

Here's an update for you.

http://www.freerepublic.com/focus/f-news/1553714/posts

Even if the hotel project is dropped it still has made its point.


13 posted on 01/19/2006 5:28:41 AM PST by Stark_GOP
[ Post Reply | Private Reply | To 10 | View Replies]

To: mr_hammer

The Michigan Supreme Court looked at this issue in 2004 and ruled that taking private property and giving it to another private entity was a gross violation of the state's constitution. They also wrote that the practice violated the original intent of the constitution.

The big city socialist/democrats whined and cried about it, while so-called environmentalists thumped their chests calling the decision an injustice.

The ruling by the court was unanimous.


14 posted on 01/19/2006 5:29:00 AM PST by sergeantdave (And on the second day The Lord created February - the slowest month of the year.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Stark_GOP

Thanks for the update. I think that Logan Darrow Clements is also a FReeper, but I don't recall his FR name.

PS We will agree to disagree as I see Souter, Breyer, Stephens, Ginsberg and Kennedy as obtuse. The point won't be made until the hotel is in its rightful place.


15 posted on 01/19/2006 5:34:54 AM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
[ Post Reply | Private Reply | To 13 | View Replies]

To: saveliberty
"PS We will agree to disagree as I see Souter, Breyer, Stephens, Ginsberg and Kennedy as obtuse. The point won't be made until the hotel is in its rightful place."
---
Definitely over 180 degrees.
16 posted on 01/19/2006 5:39:52 AM PST by Stark_GOP
[ Post Reply | Private Reply | To 15 | View Replies]

To: Supernatural
A big step towards communism or socialism is for the government to "own" all property.

...and they have that now in the form of perpetual property taxes. (rent)

17 posted on 01/19/2006 5:52:02 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Stark_GOP
And each Justice is wondering if they want their home turned into a bed-and-breakfast by some private developer with a wicked sense of humor.

Shoot. Why not just have a friend of the mayor take a $50,000 house away from a person in order to build a $500,000 home. What's the difference really?

18 posted on 01/19/2006 5:53:40 AM PST by houeto (Mr. President, close our borders now!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: houeto

"Shoot. Why not just have a friend of the mayor take a $50,000 house away from a person in order to build a $500,000 home. What's the difference really?"
---
None that I see.
I a developer were to buy your home a stick a pink flamingo in the front lawn, he would have increased the value of the property.
No offense to your home was meant.


19 posted on 01/19/2006 6:14:36 AM PST by Stark_GOP
[ Post Reply | Private Reply | To 18 | View Replies]

To: Stark_GOP

I a=If a


20 posted on 01/19/2006 6:19:03 AM PST by Stark_GOP
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-26 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