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High Court: Govts Can Take Property for Econ Development
Bloomberg News

Posted on 06/23/2005 7:30:08 AM PDT by Helmholtz

U.S. Supreme Court says cities have broad powers to take property.


TOPICS: Breaking News; Front Page News; Government; News/Current Events
KEYWORDS: barratry; bastards; biggovernment; blackrobedthieves; breyer; commies; communism; communismherewecome; confiscators; corrupt; doescharactercount; duersagreewithus; eminentdomain; fascism; feastofbelshazzar; foreignanddomestic; frommycolddeadhands; ginsburg; grabbers; henchmen; hillarysgoons; isittimeyet; johnpaulstevens; jurisbullshit; kelo; liberalssuck; livingdocument; moneytalks; mutabletruth; nabothsvineyard; nabothvsjezebel; nuts; oligarchy; plusgoodduckspeakers; plutocracy; positivism; prolefeed; propertyrights; revolutionwontbeontv; robedtryants; rubberethics; ruling; scotus; showmethemoney; socialism; socialistbastards; souter; stooges; supremecourt; thieves; turbulentpriests; tyranny; tyrrany; usscsucks; votefromtherooftops; wearescrewed; weneededbork; whoboughtthisone; youdontownjack
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To: FD_Pilot



Hell has frozen over.

The DU thread on this ruling reads exactly like this one.



281 posted on 06/23/2005 8:54:36 AM PDT by FD_Pilot
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To: OB1kNOb

I listen to Savage on the internet every night.

Here are 2 good stations:

http://www.ksky.com

Or his home station

http://www.910knew.com/listenlive.html

He starts at 6 pm ET.


282 posted on 06/23/2005 8:55:09 AM PDT by texasbluebell
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To: mrs9x
I expect a lot of states to either enact legislation reigning in localities or state supreme courts (mostly in red states) holding a high standard for takings in the future.

Don't bet the ranch on it. Not that I'm saying this decision was right, but there are two sides to every coin. If a city has a major business developer coming in, say, Dow Chemical, and wanting to build a factory and and office building or whatnot in a certain area, but some of the property owners in the area get wind of the project and try to extract a ridiculous sum of money from Dow, how many cities or states are just going to sit by and watch Dow Chemical pull out of the deal just because five or six property owners are demanding $10 million dollars for their homes?

In situations like that, there are a lot of jobs at stake and a lot of money at stake for the city and the state. Like it or not, the city and the state have an interest in seeing that plant get built.

All I'm saying is that don't be so sure that states will step up to the plate with super narrow eminent domain laws. Why would it?

283 posted on 06/23/2005 8:55:09 AM PDT by Publius Valerius
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To: RightWhale
It is interesting that they said pursuit of happiness rather than right to own property. They nearly did say that.

True, but to them liberty was synonymous with property.

While no one has a RIGHT to OWN, they DO have a right to EARN, and to keep what is lawfully acquired.

284 posted on 06/23/2005 8:55:24 AM PDT by MamaTexan (IMPEACH the black - robed BASTARDS!!)
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To: SittinYonder

Oh man...you like to kick a guy when he's down, don't ya?


285 posted on 06/23/2005 8:55:27 AM PDT by BikerNYC
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To: FD_Pilot
Yep, here's the DU thread.
286 posted on 06/23/2005 8:56:09 AM PDT by AntiGuv (™)
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To: Cosmo

Heh...that's irony. My dad lost his business for the US 29 bypass around Amherst around 1970. Are they planning to finally put a bypass in on the north side of town around that little patch of hell around Albemarle Square?

}:-)4


287 posted on 06/23/2005 8:56:31 AM PDT by Moose4 (Richmond, Virginia--commemorating 140 years of Yankee occupation.)
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Comment #288 Removed by Moderator

To: AntiGuv
What would you concede as an explicit acknowledgment of private property rights?

Ownership magically appears and was not affected by the Constitution. The Constitution and the Fed Gov came in 1787, eleven years after the Confederacy, which also did not establish private property rights. Land ownership already existed except in the new territories by various rights of kings. I am in the west. The Fed Gov owns 99% of the land. All private land ownership is subject to Right of Way assertion by the Fed Gov and its agents. The Constitution is no help at all in the new territories. This is the problem, and if they now feel some of the problem biting their own butts in the east, it is about time.

289 posted on 06/23/2005 8:57:01 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: montag813
I wish you were right. I live in Elgin Illinois. This ruling hits me right where I live. A coin shop owner has been fighting eminent domain while the city wants his land to let their buddies build condos. The homeowners around Sherman hospital are now in danger whenever that hospital decides they need more room.
I live just above the Fox River. Just South of my house the city bought up Elgin Salvage and they are working on cleaning up the land to put more condos there. I fully expect the city council to realize they could make more in property taxes by condemning my neighborhood and selling the land to a buddy to build condos. It is a nice neighborhood. However the houses are small and old.
290 posted on 06/23/2005 8:57:06 AM PDT by LauraJean (sometimes I win sometimes I donate to the equine benevolent society)
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To: BikerNYC
Forget about the stupid amendments to ban burning the flag...how about an amendment to protect people's homes!?!

What state would ratify it without an armed rebellion literally putting guns to their legislators' heads? But I agree. This should be drafted at once.
291 posted on 06/23/2005 8:57:27 AM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: gdani
Thanks for the links.

So it was purely a 5th Amendment/public use case.

I read the decision, and skimmed Justice Thomas's dissent, and he has the right of it in my opinion. The plain reading of the 5th Amendment and Thomas's research on the history are far more convincing than the majority opinion's reliance on stare decisis.

There is now virtually no limit on the power of eminent domain. It appears from the majority opinion that those five justices would even be willing to entertain the notion of crossing the "bright line" of taking directly from person A to person B might even be acceptable.

292 posted on 06/23/2005 8:57:29 AM PDT by snowsislander
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To: Betty Jane

The more crappy decisions by SCOTUS, the more support the Pres. will get for Conservative judges when the time comes.

Well one can at least hope.


293 posted on 06/23/2005 8:57:29 AM PDT by DAC21
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To: OXENinFLA

yep
what you said


294 posted on 06/23/2005 8:57:48 AM PDT by firewalk
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To: NormsRevenge

This land was your land, but now it's my land...
http://www.freerepublic.com/focus/f-bloggers/1351299/posts


295 posted on 06/23/2005 8:57:51 AM PDT by Liberty Valance (Every day above ground is a good day)
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To: RightWhale
That is personal property, not real estate. Maybe a house qualifies as real estate, but the land is the main issue. They distinguished between land and personal property.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What is so difficult to understand here? I am not secure in my house and the land on which it is built if the government seizes it so they can build a "for-profit" development against my will...it is not reasonable at all. Taking the whole means to an end...resisting eminant domain ultimately results in an unreasonable seizure. Just ask the folks Bensenville, IL (a Northwest suburb of Chicago) regarding the King Daley's O'Hare airport expansion.

296 posted on 06/23/2005 8:57:53 AM PDT by BureaucratusMaximus (Socialists are blessed with the desire to serve others. That's why most of them work @ McDonalds)
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To: KeyesPlease

So, what happens the first time that a city decides to swoop down and condemn of the liberals' oh-so-beloved "affordable housing" to build a Super Wal-Mart? Or knocks a couple of blocks of minority flats out of the way to build a glitzy hotel and convention center?

}:-)4


297 posted on 06/23/2005 8:58:19 AM PDT by Moose4 (Richmond, Virginia--commemorating 140 years of Yankee occupation.)
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To: Publius Valerius
Tough titties for the locality and Dow chemical.

If I buy a home, and pay my taxes, it is mine. If my home is where I was first married, my children grew up, and where I plan on retiring, it is my business as long as I own it, and pay taxes.

If Dow chemical wants it so bad they will pay $10,000,000 then it's on them. It's my property, not Dow's, not city halls.

298 posted on 06/23/2005 8:58:38 AM PDT by dogbyte12
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To: AntiGuv

That's fine. It was nothing but an analogy. It will not go away anyway.


299 posted on 06/23/2005 8:58:40 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: BureaucratusMaximus
That is typical of the left, but what has scared me the last few years is that even many on FR don't get it.

Most of us have grown up with little or no knowledge of the "Consitution", and private property rights being the least.

Can you imagine what this will mean?
300 posted on 06/23/2005 8:58:43 AM PDT by Delphinium
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