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To: Cincinatus' Wife

Trump can’t execute eminent domain, that is a city and Judge deal weighing the highest and best use of a property. It’s easier to move someone then lose millions in potential tax revenue.
Depends on the situation, eminent domain is the because sometimes people want blackmail levels of payment to move which Is unreasonable.


59 posted on 07/28/2015 1:42:12 AM PDT by A CA Guy ( God Bless America, God Bless and keep safe our fighting men and women.)
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To: A CA Guy
" ... that is a city and Judge deal weighing the highest and best use of a property."

"Highest and best use" is NOT the Constitutional standard for the use of eminent domain.

From the Constitution:

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;

nor shall private property be taken for public use, without just compensation.

Prior to Kelo v. City of New London, "public use" was assumed to mean a true "public" use, such as a public road, or a public park, etc.

Anthony Kennedy, the same judge who found a "right to dignity" in the Constitution and conflated that with a right to marry, similarly found something called "public purpose", not "use", but "purpose". So Kennedy, in Kelo found the intent of the eminent domain action was more important than the outcome.

Kelo v. City of New London was panned by both the left and the right as one of the ten worst SCOTUS decisions ever. It led to many states modifying their eminent domain laws to prevent similar action in their states.

I recall after Kelo the great Walter Williams was guest hosting Rush Limbaugh. Professor Williams gave a clinic on individual liberty, and proposed private property is the first individual freedom, and from private property come all individual freedoms. He put slavery in the light of denying an individual the right to own his own body and therefore his own labor. He pointed out how individual property is is the source of tradable goods which are the bases of a free market.

If and individual is only allowed to continue to own private property at the whim of the government, it is no longer private property.

But the City of New London has its zero tax revenue generating vacant lot:

Nine Years after Kelo, the Seized Land Is Empty


109 posted on 07/28/2015 3:15:07 AM PDT by magellan
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To: A CA Guy

So you are OK with the use of eminent domain to transfer property from one private property owner to another, because the latter has the “highest and best” plans for using the property, and will result in more tax revenue?


126 posted on 07/28/2015 4:08:08 AM PDT by Conscience of a Conservative
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