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To: xdem
Let us take an analogue case: An American city owns a parking garage, in which several dozen vehicles are parked, day and night. The only exits from the garage is through the driveway and one pedestrian bridge too narrow for a car. A water-filled moat surrounds the garage at all other points. Throw in a pair of engangered American alligators and a few dozen cottonmouth moccasins for good measure.

One otherwise unsuspecting night, the Mayor or the City, in the interest of improving drainage and public recreation, orders City road crews to dig up the driveway. This action isolates 16 cars owned by private citizens who had paid monthly parking fees for the balance of the year for unlimited parking permission.

When the citizens paid for this parking, they assumed that they would be permitted to extract their cars on demand and at will. A few were at work in a nearby hospital at the time and commute from the distant suburbs. Has this amounted to an unconstitutional taking, even if the mayor decides that he'll retrieve the cars eventually. I think so.
62 posted on 04/02/2003 6:47:26 AM PST by dufekin (Peace soon coming to the tortured people of Iraq and Justice to their terrorist military dictator.)
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To: dufekin
Also note that the Mayor did not bother to seek permission from City Council, which I imagine has budgeting and spending authority, before taking this dastardly action.
63 posted on 04/02/2003 6:50:54 AM PST by dufekin (Peace soon coming to the tortured people of Iraq and Justice to their terrorist military dictator.)
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