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

To: nicmarlo
Damn. And I was hoping to find a copy of the 5th Circuit opinion right away (I cannot find a non-.pdf file). Here's your "evidence:"

The Fifth Circuit did, however, remand the case to the District Court for further consideration of Western Seafood's claim that the taking violates the Texas state constitution. The opinion notes that Texas state courts use state legislation as a guide to interpretation of the state constitution's Takings Clause, and that Texas enacted a post-Kelo reform law after the District Court reached its initial decision rejecting Western Seafood's claim.

Now, how can this be, nicmarlo? I thought Kelo is "case law?"
113 posted on 08/20/2007 3:36:13 PM PDT by 1rudeboy
[ Post Reply | Private Reply | To 108 | View Replies ]


To: 1rudeboy

Kelo is case law. As I said, they are USING KELO to further future rulings for government thievery. I NEVER SAID it would cause 100% of the time, rulings in favor of the government thievery. But the government is USING KELO for that very reason when it files for eminent domain.

Thank you for making my point. Depending upon the judges, and laws being passed by states, some AMERICAN CITIZENS may actually not have their PRIVATE PROPERTY STOLEN BY THE GOVERNMENT.


116 posted on 08/20/2007 3:39:46 PM PDT by nicmarlo
[ Post Reply | Private Reply | To 113 | View Replies ]

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