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To: Tinian


All statutory restrictions of the use of property are imposed upon the theory that they are necessary for the safety, health, or comfort of the public, but a limitation without reason or necessity cannot be enforced.'
....it is necessity alone which justifies the exercise of the police power to take private property without compensation.'


28 posted on 09/09/2006 6:30:50 PM PDT by Lydo
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To: Lydo

"Safety, health, or comfort of the public."

Just so. Those are the traditional standards, according to a lawyer friend of ours who works for the National Association of Realtors. Public statutes are not supposed to exceed them. I believe these parameters go back to basic common law principles.


30 posted on 09/09/2006 7:05:40 PM PDT by Cicero (Marcus Tullius)
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To: Lydo
All statutory restrictions of the use of property are imposed upon the theory that they are necessary for the safety, health, or comfort of the public, but a limitation without reason or necessity cannot be enforced.'

....it is necessity alone which justifies the exercise of the police power to take private property without compensation.'

If your deed doesn't say you own to the center of the road, you don't own to the center of the road.

Is that simple enough for you to understand?

32 posted on 09/10/2006 1:55:51 PM PDT by Tinian
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