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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: AntiGuv

the boiling frog was served an hour ago...
these are a bunch of NEW frogs being added to the pot...

see if they jump.


781 posted on 06/23/2005 12:46:20 PM PDT by Robert_Paulson2 (I remember when conservative meant, CUTTING the government's POWER and SIZE down.)
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To: mbraynard
Imminent domain does pay compensation and there is due process associated with it.

It says for "public use". Giving it to a hotel is private use.

782 posted on 06/23/2005 12:46:34 PM PDT by Rodney King (No, we can't all just get along.)
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To: american spirit
a city council can only pass rules, ordinances, codes, etc. for their Muni corporation. Those are not (positive) laws and are unenforceable

LOL. What do you think a code or ordinance is if it's not a law? Does your city have an ordinance regarding open container on public streets? If so, get yourself and beer and walk past a cop on the sidewalk. As he's toting you to jail, please tell him the city ordinance is "unenforceable" and then report back to me his response.

783 posted on 06/23/2005 12:48:15 PM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: mbraynard
You can't be serious? Private property can not be taken unless it is for public use. You want to build a highway ok . you want to give my land to a walmart so they can make millions with it and give the kickbacks to the pols and then the pols can pass a law giving a big tax break to said walmart to promote economic activity. Economic activity is not worth my freedom. I would rather be poor and free then rich and owned.
784 posted on 06/23/2005 12:48:15 PM PDT by unseen
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To: Carry_Okie

Perfect quote.


785 posted on 06/23/2005 12:49:04 PM PDT by Just A Nobody (I - L O V E - my attitude problem!)
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To: fooman

"While, I like the idea that there is no judicial review in your constitution, France has something far worse---Brussels review."

There isn't really Brussels review.

In the past, practically all policies of the EU were approved of - if not initiated by - France, so the issue didn't come up of a serious tension between Paris and Brussels.
That seems to be about to change.
And if it does there is no question that French sovereignty will remain intact.
We saw this in the British beef issue.
The government simply did not accept that British beef was safe from mad cow disease, in spite of rulings to the contrary. Regardless of what anybody said, that British beef was not going to get into the country. And it did not.

Of course, given corruption, there were cattle smuggled across from England, etc., and there is mad cow in France now as well. But that was not "Brussels review" at work.

I can hardly pretend that France is perfect!
It is far, far from it, with so many problems one does not know where to begin.
It is when I focus on the particular things that are causing such incredible political strains in America, and always have, that I see the problem as the structure of the American government, with the Supreme Court of the US holding the ultimate power.

By my view, the Supreme Court literally caused the US Civil War, by ending political compromise with the Dred Scott decision.
And then, when the Civil War resolved the issue of slavery and the US Constitution was amended to give blacks the rights of citizens and to vote, it was the Supreme Court that reversed all of that and took it all away, in Plessy v. Ferguson.

When some rational state regulation of labor started to happen, it was the Supreme Court that completely ended that with its Lochner decision...only to reverse itself and go so far as to prohibit farmers from growing food on their own land for their own use in the 1930s.

Americans give great credit to the US Supreme Court for desgregation, but it seems to me that all the Brown decision was was the reversal of the Supreme Court's own Plessy ruling the ignored the US Constitution and allowed segregation in the first instance.

The abortion decision Roe v. Wade was abominable. Surely such an issue should be determined by the people.

It just seems to me that there is a maldistribution of power in the US system, and that the lack of any effective check on the US Supreme Court has rendered much of the most important US law completely undemocratic. It is almost as though the US Congress or states decide all of the small, unimportant things, but that anything really important in America is taken away from the democracy and decided only by the Supreme Court.


786 posted on 06/23/2005 12:49:11 PM PDT by Vicomte13 (Et alors?)
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To: oblomov
arrival of tyranny in the US...

It does seem a very rare thing these days when freedom actually expands rather than is compromised. Bringing back the 70MPH speed limit and sunset of the assault weapon ban are the only two that come to mind in the last 15 years or so. But it seems that trend is towards a command style political and economic system.

787 posted on 06/23/2005 12:50:29 PM PDT by JTHomes
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To: blueriver
Once the courts start making laws - which is what they did today - the game is over.

Then we might as well stop playing, we were beat a long, long time ago.

788 posted on 06/23/2005 12:51:20 PM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: All

btt


789 posted on 06/23/2005 12:51:28 PM PDT by chuknospam
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To: mbraynard

Yo brayn, private property can not be taken by the state to sell as private property. There's a difference between eminent domain and imminent doom.


790 posted on 06/23/2005 12:53:46 PM PDT by jwalsh07
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To: blueriver
First, I'm not on board with the decision, but I do not see as clearly right now on Thomas that there is a problem. I'm reading his dissent now.

To answer your question, let me put it this way. It is not 'unconstitutional' to murder your neighbor. However, this is different from you having a 'constitutional right' to murder your neighbor - something you do not have.

791 posted on 06/23/2005 12:54:22 PM PDT by mbraynard (Mustache Rides - Five Cents!)
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To: Vicomte13
It just seems to me that there is a maldistribution of power in the US system, and that the lack of any effective check on the US Supreme Court

The founding fathers were most worried about the courts stealing freedom. Their worst fears have happened.

792 posted on 06/23/2005 12:54:30 PM PDT by blueriver
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To: jwalsh07

You are right, the areas in my town that might be call "blighted" are also the areas where the low cost housing is. Older homes yes, the kind starting families and the lower income people buy.


793 posted on 06/23/2005 12:54:30 PM PDT by TXBSAFH (One man's Linux is another man's OS/2.)
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To: jwalsh07
Hello,

I live in Missouri, and just got off the phone with both the Bond and Talent offices. The young woman at Talent's office in DC had no idea what I was talking about, so she is hardly going to be capable of relaying my fury to the Senator. The young man in Bond's office claimed he was aware of the SC decision, but said I was the first to call regarding same.

I own a large and valuable hunk of property here MO. I am a prime target for what the SC deemed lawful today. I have a call into my lawyer to determine if MO is a state that will allow this theft to occur. I will let you all know when I find out.

Words can not describe how flipping furious I am that we have come to this point.

Glad to to be here, want my country back, MOgirl
794 posted on 06/23/2005 12:54:35 PM PDT by MOgirl (In memory of Walton Wayne Callahan, I love you forever.)
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To: redgolum
It seems to be happening more frequently now. The Dems and REPs do not seem to care about secure borders, citizens rights, or education. The only thing that gets the lawmakers fired up anymore is taxes, SS, and the war. Where are the differences folks? They are two sides of the same coin. Sure one leans one way and the other leans the other but at the end of the day when our freedoms are slowly taken away one at a time they are the same.
795 posted on 06/23/2005 12:54:58 PM PDT by unseen
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To: Jim Verdolini

You're right. But it's not just the robed masters. Congress should be able to do something about misconduct in the Judicial branch, but they have chosen not to. The idea that they would even consider passing Campaign Finance Reform is obscene.

This is truly not the country we grew up in.


796 posted on 06/23/2005 12:55:28 PM PDT by Uncle Vlad
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To: RightWhale
Yes, local gov't was preserved in our present Federal system for the reason that they would be closer to the people. Get close to your local gov't.

The key word is "was". Remember where it says that the Feds cannot usurp states rights? I do intend to start paying more attention to what's going on in my backyard though.

797 posted on 06/23/2005 12:56:26 PM PDT by TheSpottedOwl (Free Mexico!)
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To: MOgirl

Good on ya! Raving here is fine but if we don't let our reps know how raving po'd we are, it is wasted energy. I've called all my reps, state and federal. I live just 30 miles north of New London.


798 posted on 06/23/2005 12:59:12 PM PDT by jwalsh07
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To: cmsgop
WOW, DU is just as Pissed about this, Finally We agree on something. Maybe we could do a joint thing on this??

Maybe we could. This isn't a so much partisan issue, as a commoner vs. oligarch thing.

But I don't know what anyone could do. You can't really push for a constitutional amendment, since there already was a constitutional amendment, which the Court chose to ignore.

799 posted on 06/23/2005 12:59:24 PM PDT by B Knotts
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To: Helmholtz
For many it is difficult to recognize the damage that Franklin Roosevelt unleashed on this nation.

This decision, this legacy of Roosevelt will be the undoing of a society of free men.

800 posted on 06/23/2005 1:00:57 PM PDT by Amerigomag
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