Home » xyzzy » Dungeon » Hey, what do you guys think abou tthe eminent domain issue?
Hey, what do you guys think abou tthe eminent domain issue? [message #57916] Fri, 03 February 2006 08:18 Go to next message
akhilesh is currently offline  akhilesh
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Illuminati (3rd Degree)
AS you know, the supreme court ruled on this a few months ago. It seems OK to take people's land and give it to another private party.
What do you all think about that?
-akhilesh

Evil [message #57917 is a reply to message #57916] Fri, 03 February 2006 08:38 Go to previous messageGo to next message
Leland Crooks is currently offline  Leland Crooks
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My home state has some the most agressive eminent domain laws on the books. AFAIK, it hasn't been abused too much yet. But the fact that for financial gain for another party allows it is just wrong. Tax revenues or not. The ever reaching search for revenues is appalling.
We are selling portable buildings. The local property tax folks called wanting to know who's paying the property tax on them. They wanted us to report sales, and pay property tax on the bldgs on our lot, which change almost weekly. We said make us. They don't have a statute, yet. I'm sure it will appear.
I am facing an easement issue on a piece of property I have right now. I know that if I don't give it, they'll just take it. So my only recourse is to try to negotiate every concession and nickel I can get.

Re: Evil [message #57918 is a reply to message #57917] Fri, 03 February 2006 11:40 Go to previous messageGo to next message
Manualblock is currently offline  Manualblock
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I think the very concept which used to mean for the public good has no meaning within the context that the Court decided it. It might as well be from another planet to even try and understand that ruling.
I see they wished to push the outcomes onto the states but this is clearly a civil rights issue for the feds to adjudicate.

DO you know which of the justices ruled for it and which ruled against this decision, on the supreme [message #57919 is a reply to message #57917] Fri, 03 February 2006 13:06 Go to previous messageGo to next message
akhilesh is currently offline  akhilesh
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I was wondering about who ruled for this & who ruled against.
-akhilesh

I found it... [message #57920 is a reply to message #57919] Fri, 03 February 2006 13:09 Go to previous messageGo to next message
akhilesh is currently offline  akhilesh
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From the washington post:
"Stevens was joined in the majority by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

Kennedy's vote was something of a surprise because he had expressed strong sympathy for property-rights claims in past cases. But in a brief concurring opinion he explained that the New London plan showed no sign of improper favoritism toward any one private developer.


O'Connor was joined in her dissent by Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas. They wrote that the majority had tilted in favor of those with "disproportionate influence and power in the political process, including large corporations and development firms."

Hopefully the appointment of ROberts & Alito will allow this crazy ruling to be overturned soon.
-akhilesh


Re: I found it... [message #57921 is a reply to message #57920] Fri, 03 February 2006 13:56 Go to previous messageGo to next message
Leland Crooks is currently offline  Leland Crooks
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That would be too much like a traditional conservative response.

I'm with MB that Alito deserves the benefit of the doubt, however.

I'm starting to read in various places that the moderates and the real old time conservatives are getting fed up. Fractures are appearing in the bloc.

Re: Evil [message #57922 is a reply to message #57917] Fri, 03 February 2006 14:29 Go to previous messageGo to next message
Manualblock is currently offline  Manualblock
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Say Leland;is that easement a public thoroughfare or used as a private access?

Re: Evil [message #57923 is a reply to message #57922] Fri, 03 February 2006 15:12 Go to previous messageGo to next message
Leland Crooks is currently offline  Leland Crooks
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Utility easement for a new subdivision. Sewer line. Will be the third one on my property. It is clear at the back thank god. I already have a high pressure gas line and another sewer line. The gas line just about cuts the 6acres in half, making construction of anything a problem. It was done by a previous owner.

Re: I found it... [message #57924 is a reply to message #57921] Fri, 03 February 2006 16:25 Go to previous messageGo to next message
akhilesh is currently offline  akhilesh
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"That would be too much like a traditional conservative response."

I try to be apolitical on the forums. What I posted was simply an article in the Washington POst. I am assuming it;s true..i.e. tha tIS HOW they voted?
SInce it seems like the "conservative" justices were against the eminent domain ruling, it does not seem like a stretch to say maybe the other"conservatives" like roberts & alito will side with them on this one.
-akhilesh
---article snippet below----
From the washington post:
"Stevens was joined in the majority by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

Kennedy's vote was something of a surprise because he had expressed strong sympathy for property-rights claims in past cases. But in a brief concurring opinion he explained that the New London plan showed no sign of improper favoritism toward any one private developer.


O'Connor was joined in her dissent by Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas. They wrote that the majority had tilted in favor of those with "disproportionate influence and power in the political process, including large corporations and development firms."

Re: I found it... [message #57925 is a reply to message #57924] Fri, 03 February 2006 17:27 Go to previous messageGo to previous message
Leland Crooks is currently offline  Leland Crooks
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I didn't mean to put words in your mouth. Even as what real right wingers would call a liberal, I do have some support for the traditional conservative agenda. Smaller government, less oversight, less intrusion into our lives. I really consider myself a libertarian.

I just find our current situation nothing like what a truly conservative agenda would be.

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