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Government seizure of homes targeted: Group challenges legality of takings done for private use
AP ^ | May 12, 2003 | Connie Cass

Posted on 05/12/2003 2:10:08 AM PDT by sarcasm

Edited on 04/13/2004 2:09:48 AM PDT by Jim Robinson. [history]

ASHINGTON -- The first time the city of New London, Conn., seized Pasquale Cristofaro's home, it was to make way for a seawall that never materialized. Instead, private medical offices were built over the backyard plot where Cristofaro once grew tomatoes, squash, and grapes. Three decades later, when the city wanted to raze another Cristofaro family home to clear the way for a riverfront hotel, health club, and offices, the 77-year-old Italian immigrant dug in and fought back in court.


(Excerpt) Read more at boston.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Connecticut
KEYWORDS: landgrab; propertyrights; reuters

1 posted on 05/12/2003 2:10:08 AM PDT by sarcasm
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To: sarcasm
If he hasn't noticed, the State Of Connecticut has been a Criminal Enterpise from the 70's on...
2 posted on 05/12/2003 2:28:48 AM PDT by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: sarcasm
There is allot more to this case than what the article is saying, I know a couple of the folks that this is affecting. I have helped one of the guys with it, as much as I could, and thank God for the likes of the Institute for Justice! Pfizer Corp. is the main culprite here!
3 posted on 05/12/2003 2:47:28 AM PDT by countrydummy
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To: sarcasm
"Now they take...good, solid, safe areas near the highway or with a beautiful view"

"Environmentalists" would think nothing of taking your home so they can have a pleasant view as they drive by.

Beware of "Liberals." Their cruelty knows no bounds.

"It can happen to anybody!"

The "environmentalists" are probably the most unjust, cruel, and odious offenders of all!

4 posted on 05/12/2003 2:51:56 AM PDT by Savage Beast ("Liberalism" is decadence. It has nothing to do with liberalism.)
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To: sarcasm
Even Monte Python is outraged over abused property rights, as can be seen in "The Castle", which although it's Monte Python, is pretty funny and is very much a FReeperesque kind of film.

"Fair compensation" can easilly be defined if the government were required to give a choice between a new home and cash to the home owner.

1. The same distance to work and school for all residents, if not better. Otherwise, a certain number, such as $10,000 per mile of increased driving for each resident who is put out.

2. The same square footage for the optional home, or better.

3. The same number of rooms for the optional home, or better.

4. The same number of bathrooms for the optional home, or better.

5. Moving fee tacked on for the optional home.

6. Motel expenses and storage [and storage insurance] paid by the government if the transition is not immediate.

7. If the resident lives in and prefers country, city, suburb, then a shift of the kind of area should be +25% house value in cash.

8. The size of the yard must be the same, if not better.

8. Other variables need a clear definition as well. View. Proximity to property value droppers, such as landfills. Comparative crime rates. Etc.

The thing is, by the time you have calculated all these compensatory factors, it's doubtful that many homes would be knocked down unless there's a darn good reason.

There is a drawback with this idea, though. Govenment people could knock down the homes of their buddies to get cash from the government. So while this is a novel thought that helps put the residents' loss in perspective, none of this begins to mention the stolen family memories, the work put into customizing the home and yard, the lost neighbors, etc.
5 posted on 05/12/2003 2:55:07 AM PDT by Arthur Wildfire! March (LIBERTY or DEATH!)
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To: *landgrab; madfly
http://www.freerepublic.com/perl/bump-list
6 posted on 05/12/2003 3:04:38 AM PDT by Free the USA (Stooge for the Rich)
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To: countrydummy
Looks like I am gonna have to get the IFJ article...
7 posted on 05/12/2003 3:05:39 AM PDT by sauropod (From my cold dead hands.... Charlton Heston)
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To: sauropod
I have my file cabinet! I have allot of articles on this issue! Have been on this one for 3 years now!
8 posted on 05/12/2003 3:12:45 AM PDT by countrydummy
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To: sarcasm
Local planners struggling to rejuvenate their downtowns or aging suburbs say sometimes the public good outweighs the property rights of individuals.

This is a perversion of the Public takings principle.

While the principle of public takings is, in itself, probably necessary, taking land at current market value for private use is a true evil. There should be substantial penalties attached to such a taking, and in the case of conversion to commercial use, the original owners should retain some sort of income producing interest in the property.

9 posted on 05/12/2003 4:51:05 AM PDT by Tom Bombadil
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To: Arthur Wildfire! March
You covered alot, and as you stated there is so much more to the story.

We need to also consider the loss of capitalisation of speculative funds, which in most cases equates to the loss of a retirement fund. Many small homeowners deliberately purchase land in an area knowing/hoping they will be affected by growth 20 to 40 years down the road. When the government takes their land through eminent domain, they are compensated at the precommercial land value, often 1/10th of the future value of the land. As soon as the area is rezoned as commercial, which is usually immediately following the taking, the land value increases drastically, and the private developer is the one who gets to reap the profit without having invested in any speculative risk whatsoever.

10 posted on 05/12/2003 8:30:13 AM PDT by TaxRelief
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