Posted on 06/23/2005 7:30:08 AM PDT by Helmholtz
U.S. Supreme Court says cities have broad powers to take property.
No, what it is is "private property" exactly as the Constitution reads.
Gawd, this pisses me off to the point where I can't even work. I want to see the mealy-mouthed response from our so-called "representatives" in DC and see if they plan to do anything.
An appropriate quote and reminder.
Let's just sugarcoat the problem. If we start digging into chain of title all the way back we run into where God signed the original deed and guess whose name wasn't mentioned--the King of England, or the King of Spain, or the Duke of Aragon, or Pocohontas.
ROFLMAO! Prepare to be disappointed!
They better rewrite Woody Guthrie's old classic
This land is your land.
This land ain't yur land.
This land aint't my land.
It belongs to local gubamints
For tax revenue purposes.
This land don't belong to you or me.
This land don;t belong to you or meeeeee.
AmeriKa .. SKOTUS'd again.. (wipe tear here..)
1000 homes in detroit were seized. it could happen.
its not a expansion of city hall. it is a commercial development by private owners next to the city hall. We are the hold outs. The city can take our land sell it to the developer (FOR A PROFIT) and then they get to build thier shopping cernter.
That's right. If they see that a 7-11 and crusty taco will help the area, they'll tell you to leave and mow down your home.
Ha!
They'll just sit on their fricking hands.
Great job, SCOTUS!!! Now deep-pocketed developers in collusion with corrupt local officials can literally bulldoze individual property owners to put up even more strip malls. The American dream is now over and the small property owners' nightmare is just beginning!
Follow the lead of the Saha family outside Coatesville, Pennsylvania. The tyrannical bloodsucking City Council tried to seize their farm, which is not even in Coatesville, for a golf course. The Sahas worked to get a change in the city charter by the voters to prohibit City Council from doing this. The changes were voted in. The Council ignored them.
So the Sahas worked to unseat the bastards, and two of them are gone with more in danger of being voted out.
At the end of the day, that's the best recourse. SCOTUS has shown time and time again it will not adhere to the clear language of the Constitution. But eminent domain is mostly a local issue, and the tinpot despots on many city councils would have ignored the ruling even if it came down in our favor.
So the real answer is to work to get the despots voted OUT OF OFFICE. That is the ONLY thing they understand.
Damn.
That may work.
However, it depends on how the federal courts will interpret the supremacy clause.
If the fed courts rule the fed standard overrules the state, that would end the state's higher standard.
While the government may not be poised to take everyones home, they now can take anyones home for any reason, in whole or in part. This further opens the door for zoning that may not completely take property but diminish its value substantially. Such rulings always expand in their interpretation, they never contract.
If I was a wacko green city counsel member, I would feel comfortable today in suggesting that all garages and private driveways be torn out and trees planted in their place. This would encourage use of mass transit and reverse greenhouse effects. Add parking meters along the street for good measure.
You might find this example ridiculous but just wait, some liberal WILL come up with something even more out there and it will now be upheld by the courts. The Ninth Circus must be salivating over this decision. This slippery slope WILL effect everyone in time.
...and tomorrow night, and every night next week, next month...
You are probably right. How about the local governments selling the residences to individuals who will turn them into "Historic Bed and Breakfast". The locals can realize various room tax revenues from this. Sounds like a better use to me.
Disgraceful.
Very sad. Time to retire these enlightened dullards, starting with that underachieving combo of Kennedy and Souter.
Coming soon to a town near you: Attack of the Killer Costco's! I'm think Souter's house would make a nice place for a nice, profitable liquor store or a dog kennel.
LOL! Prepare to be disappointed. It's not in the interest of the states to have a higher standard for imminent domain. Government is in the business of increasing tax revenue. Taking private property from individuals to build walmarts or parking garages or whatever increases tax revenue.
I think you have too much faith in your elected officials.
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