Posted on 06/23/2005 7:30:08 AM PDT by Helmholtz
U.S. Supreme Court says cities have broad powers to take property.
US Code, Title 18, section 242:
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Statutes, acts, ordinances, regulations, and decisions are NOT *laws*...just government policy, and only governmental entities must adhere to them.
You're a blessed person...at least you have hope.
I studied city planning in Charlottesville. I can't say that I was ever very impressed with the planners in city hall. Didn't trust a one of them.
I don't need it to go away; I just want it to go away from me. ;^)
Been reading some of the debate of the Constitutional Convention?
Explain to me why the GOP would be interested in doing such a thing? Aren't our esteemed elected officials part of the government? Isn't this ruling good for government? There may be two, or one, who think the way you and I do on this issue, but the vast majority of them think as government officials. They will view this as a positive development.
But that's not the way reality works. The city and the state have an interest in seeing that factory built.
My point is not to argue the merits of whether the taking is right or wrong--my point is that I don't expect states to step up and enact tougher laws. Why would they? It would be against the interest of the state, and, indeed, against the interests of the citizens of the state as a whole.
Famous last words. It affects all property.
That's my experience also. With Star Wars, and for that matter with Star Trek too!
Wouldn't dream of converting, though. :)
The principle is the same as in the Supreme Court decision. This is not a blighted area, but the city wants to develop the area for increased tax revenue, which pushes out the small business owners, many of which are minority owned or which appeal to the minority community (black wig shops, etc.)
a sad day for America.
No, you are wrong. The SC has held that state constitutions may have stricter provisions than those allowed by the federal constitution.
For example, California can have stricter environmental standards than those of the federal EPA. The supremacy clause does not trump.
Just read about similar thing happening outside St. Louis. You're not safe in a neighborhood ... but the point is: What if I want to live on a house in a field?
That's a little confused. There has been a very long-standing public conversation on the matter of rights and the State.
The DU thread on this ruling reads exactly like this one.
When all the inmates align their views on an issue, the warden had better take note.
Appointed by a Republican President.
BUMP
Yes everyone not gets the fact that government is out of control, freedom of speech is now curtailed (CFR, thanks W). Freedom from unreasonable warrentless searches is dead (WOD, Partriod act, thanks W), the second is so greatly curtailed it just about gone too, and now private property rights are a fiction, used to be that city hall had to tax you out of your homes, now they can just take your home if it suits them.
We must elect third party representatives, forget D's and R's our only hope, short of violence is a massive move from D and R's to a party like the Constitutional Party, it is absolutely neccessary to get a strong third party going while we still have a right to vote. Look where voting D's and R's has gotten us? Right now we are serbs to the lordly D's and R's but if we keep voting D's and R's will will be slaves. And we will have no choice but to submit or fight. Do not vote D or R ever again.
I respectfully disagree that those of us in established neighborhoods are off the hook. I live 3 homes off of a large lake. The homes on the lake are multi-million dollars. Homes just off the lake are selling for $1.5 million if they have a second story view of the lake and and about $350,000 if they are the original 1950s ranch style home. At any moment in time the govt. could come in and take my home so some developer could put up a 7000 square food monstrosity so the city could make thousands more in property taxes than my 2700 square foot home that houses my family in what we consider our dream home. It's sick. Really sick and none of us are immune.
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