To: Writer1
The Constitution prohibits the government from denying individuals their rights to life, liberty and property without due process of law.
Fifth amendment prohibits takings without compensation.
Daley must compenstate the owners by law.
That's my take -- and I am a lawyer.
I'm not a lawyer - I have always represented myself in court.
But would recommend you consider the follow
Legal Tender Cases, 79 U.S. (12 Wall.) 457, 551 (1871). The Fifth Amendment ''has never been supposed to have any bearing upon, or to inhibit laws that indirectly work harm and loss to individuals,'' the Court explained.
Meyer v. City of Richmond, 172 U.S. 82 (1898).
Also consider the following from Findlaw:
Government Activity Not Directed at the Property .--The older cases proceeded on the basis that the requirement of just compensation for property taken for public use referred only to ''direct appropriation, and not to consequential injuries resulting from the exercise of lawful power.'' 236
Accordingly, a variety of consequential injuries were held not to constitute takings: damage to abutting property resulting from the authorization of a railroad to erect tracts, sheds, and fences over a street; 237
similar deprivations, lessening the circulation of light and air and impairing access to premises, resulting from the erection of an elevated viaduct over a street, or resulting from the changing of a grade in the street. 238
Nor was government held liable for the extra expense which the property owner must obligate in order to ward off the consequence of the governmental action, such as the expenses incurred by a railroad in planking an area condemned for a crossing, constructing gates, and posting gatemen, 239 or by a landowner in raising the height of the dikes around his land to prevent their partial flooding consequent to private construction of a dam under public licensing. 240
To: taxcontrol
Case you cite is superceded by newer cases which overruled; SCOTUS in the 1990s ruled in a South Carolina case that takings cases could be brought by individuals. Famous cases.
66 posted on
04/02/2003 9:42:01 AM PST by
Writer1
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