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Supreme Court Rules in Property Takeover Case
The New York TImes ^ | April 26, 2006 | David Stout

Posted on 04/26/2006 6:13:11 PM PDT by HoosierHawk

WASHINGTON, April 26 — The Supreme Court ruled, 5 to 3, today that Arkansas state officials were wrong to take away the home of a Little Rock man for nonpayment of real estate taxes.

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


TOPICS: Government; News/Current Events; US: Arkansas
KEYWORDS: eminentdomain; emminentdomain; littlerock; ruling; scotus
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To: muawiyah

"Robert E. Lee forfeited property for commiting treason against the United States. This is common knowledge"

Common slander of a good man's name. He didn't commit treason, he was defending his home state of Virginia against foreign invaders.


21 posted on 04/26/2006 7:18:45 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: swmobuffalo
From the perspective of the United States government he commited treason. His side lost the war. He lost his property.

You may have a different perspective. To that I'd simply add that my Great-Great and Great Grandfathers failed to fully cleanse the genome eh?!

22 posted on 04/26/2006 7:24:36 PM PDT by muawiyah (-)
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To: untrained skeptic
I can understand why Scalia and Thomas were in opposition to this. The guy created this problem through his own irresponsibility.

True, but a bit a diligence on the state part and the owner would have received proper notification. Certfied mail is only good if someone is living there, and since there wasn't, certified mail is worthless. Technically, they played by the rules and they should have been able to foreclose the property. Practically, the state made no effort to try to contact the people when they knew certified mail wasn't working. The state should be held to a higher standard when taking property and the current law was flawed.

23 posted on 04/26/2006 7:29:58 PM PDT by Always Right
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To: muawiyah

Lee was never found guilty by any court anywhere of treason. Care to guess why?

As for your idiotic genome comment, only because of the efforts of my great great grandfathers did yours fail.


24 posted on 04/26/2006 7:35:05 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: mrsmith

Mr. Jones had to have either filed state income tax returns or have drawn a social security check. The imperitive for the state was that they had to make contact with the owner. If he had been renting the property it would have been no different than the fact that his daughter was living there. She had no obligation (although I agree common sense would dictate) to notify her father- assuming she had been there to take receipt of the certified letter. Anyway, the state was just lazy, as usual. You can bet if he doesn't come up with the back taxes and penalties they will get him the next go around. The biggest problem is that there are no private property owners. The government owns it all. This is a clear illustration of it. No one is "secure" in their porperty without paying protection money. It is no wonder organized crime is on the decline. They found legitimate work as politicians.


25 posted on 04/26/2006 7:43:17 PM PDT by DanielLongo (don't tread on me)
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To: patton
His descendants were paid for the property.
26 posted on 04/26/2006 7:44:58 PM PDT by Shooter 2.5 (Vote a Straight Republican Ballot. Rid the country of dems. NRA)
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To: swmobuffalo
Yup, they surrendered.

BTW, no trial was necessary. What they did was require them all to get pardons. Lee never got a pardon.

27 posted on 04/26/2006 7:45:00 PM PDT by muawiyah (-)
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To: Always Right
Very good point. I have no doubt the locals had been cheating the Postal Service by mailing tax notices at the presort rate without also running their lists through FastForward or other address update tool.

See "MOVE UPDATE" regulations in the Domestic Mail Manual.

A government that's cheating on its postage payments probably should not be allowed to benefit from the crime further through seizure of property from a guy who's moved.

How's that for a "ruling".

28 posted on 04/26/2006 7:48:00 PM PDT by muawiyah (-)
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To: swmobuffalo

The Confederacy lost, na na na naa na na


29 posted on 04/26/2006 7:48:10 PM PDT by The Cuban
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To: DanielLongo
No one is "secure" in their porperty without paying protection money.

Well, someone's got to pay for the police and fire department that protect your property. It's either the state, or the mob.

There's no free lunch. No one's going to be a cop for free.

30 posted on 04/26/2006 7:48:57 PM PDT by curiosity
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To: patton

Actually his son sued, taking the case all the way to the Supreme Court. The Court sided with the Lee family, but suggested that remedy would lie elsewhere than return of the property. Congress appropriated a couple hundred g's that were paid to the family for the land.


31 posted on 04/26/2006 7:53:22 PM PDT by nicollo (All economics are politics)
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To: DanielLongo
"Mr. Jones had to have either filed state income tax returns or have drawn a social security check. "

No he didn't, as I'm sure you'll agree on reflection. I certainly did neither last year- I did pay my property "protection money" to the state though!

The line has to be drawn somewhere on how much effort the state must make. Certified or registered letter and public notice is traditional and reasonably effective.

The reason for property taxes: "He who pays the piper calls the tune". But these days it is the social parasites who are calling the governments' tunes. There oughta be a way to tax worthlessness.

32 posted on 04/26/2006 7:59:40 PM PDT by mrsmith
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To: FierceDraka
Any decision that makes it more difficult for the government to screw us is a step in the right direction.

Yep - now gotta get the eminent domain question back in front of them - or buy property so unattractive that no one will have their eyes on it - like in the middle of a swamp

33 posted on 04/26/2006 8:18:14 PM PDT by maine-iac7 ("...but you can't fool all of the people all of the time," Lincoln)
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To: muawiyah

You're not very familiar with the constitution are you?


34 posted on 04/26/2006 9:10:00 PM PDT by Nephi (A vote for amnesty is a vote to impeach George W. Nixon)
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To: mrsmith

The reason for property taxes: "He who pays the piper calls the tune". But these days it is the social parasites who are calling the governments' tunes. There oughta be a way to tax worthlessness.


The government knows that those who own property fear to lose it or are more likely to play by their rules.
Its too bad the constitutionality of the property tax itself was not ruled upon. Other means of supporting services that would be less threatening are available.


35 posted on 04/26/2006 9:24:53 PM PDT by loneroofer (love life)
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To: muawiyah

Lee never applied for a pardon.


36 posted on 04/26/2006 9:57:43 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: The Cuban

"The Confederacy lost, na na na naa na na"

Your lack of historical knowledge is showing as well as your age. Grow up.


37 posted on 04/26/2006 9:58:51 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: swmobuffalo

"Lee was never found guilty by any court anywhere of treason. Care to guess why? "

Because the North wanted to rebuild the union and they didn't want to punish the south too unfairly. The south was lucky, its got to be the best treatment of a loser in a civil war ever.


38 posted on 04/26/2006 10:05:36 PM PDT by RHINO369
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To: curiosity
Well, someone's got to pay for the police and fire department that protect your property. It's either the state, or the mob. There's no free lunch. No one's going to be a cop for free.

Well, most vendors give you the choice whom you will hire--if anyone at all. It's only organized criminal organizations (and governments--but I repeat myself) that force you to make them your vendor without any choice in the matter.

39 posted on 04/26/2006 10:16:03 PM PDT by sourcery (Either the Constitution trumps stare decisis, or else the Constitution is a dead letter.)
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To: RHINO369

"Because the North wanted to rebuild the union and they didn't want to punish the south too unfairly."

The only reason to lament the death of Lincoln was this. After he was murdered, the South suffered greatly and is in a way still suffering because of the revenge exacted on her.


40 posted on 04/26/2006 10:17:30 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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