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Author Topic: Eminent Domain - right or wrong?  (Read 544 times)

Offline Dago

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Eminent Domain - right or wrong?
« Reply #15 on: December 09, 2003, 04:37:13 PM »
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Eminent Domain - right or wrong?  


Almost always wrong.  I abhor the abusive manner in which it is applied.

In Bloomington MN, the city condemned a viable and profitable car dealership, and bulldozed it, so Best Buy could put up a new headquarters on the spot.  Numerous business were forced out actually.   The car dealership won in court after they had been replaced and were awarded 8 million on top of the price paid for the land.

Probably still not close to what they lost in the long run, but at least it was something.

dago
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Offline BEVO

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Eminent Domain - right or wrong?
« Reply #16 on: December 09, 2003, 04:43:06 PM »
this has happened to two people I know....... both times they got paid WAY more than their house was worth, and were very happy when they got the check. I'm sure this isn't always the case tho.
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Offline Tarmac

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Eminent Domain - right or wrong?
« Reply #17 on: December 09, 2003, 04:44:48 PM »
I always figured emminent domain was only exercised for public works projects -- roads and dams and stuff.  That's horrible that it can be twisted to make anyone give up their land so that a more profitable business can move in.  

Emminent domain is usually a state thing, right?  Surprised there aren't restrictions on its use built into state constitutions.
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Offline GtoRA2

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Eminent Domain - right or wrong?
« Reply #18 on: December 09, 2003, 04:46:30 PM »
Chuck fought it, the best he got out of the deal is his land lost, but a garateed spot in the new complex...


now that it is houses, there will be two stores, his will be one, but is is going to be 1/4 of the size. This shop has been in fremont well over 30 years.
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Offline gofaster

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Eminent Domain - right or wrong?
« Reply #19 on: December 09, 2003, 04:51:36 PM »
On the flip side, there are a lot of attorneys making easy money contesting eminent domain claims, acting for the citizen.  In fact, eminent domain cases caused the estimated cost of new roads to increase to the point that voters started to get miffed with the delays and cost overruns.  The causes?  Eminent domain cases tied up in courts by citizens' attorneys generating easy money by filing motions to delay judgments, then billing the DOT for their time spent arguing against the DOT.  :p  With the cases tied up in court, the DOT couldn't move forward with construction.  Commuters were getting pissed with sitting in traffic with "Road Construction" signs all over the place.

Naturally, somebody started a movement to cap the fees paid out on eminent domain cases in an attempt to reduce the cost of doing government business - "its a waste of taxpayers money!" - but it was trounced in the political circles.  Reason: most politicians are lawyers; lawyers who made money fighting eminent domain on behalf of citizens - "I fought for citizens rights when the government tried to take their land! Vote for me!"
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Offline Mickey1992

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Eminent Domain - right or wrong?
« Reply #20 on: June 23, 2005, 10:33:57 AM »
Sad sad sad sad.  I can not believe the Supreme Court decided in this way.  Coming soon to your front lawn (or what used to be your front lawn....)

http://news.yahoo.com/s/ap/20050623/ap_on_go_su_co/scotus_seizing_property
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Offline AdmRose

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Eminent Domain - right or wrong?
« Reply #21 on: June 23, 2005, 10:39:39 AM »
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Originally posted by kappa
Constitution?? The constitution does not give the government the right to take its citizen's land.......

k
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Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

There you go.
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Offline ASTAC

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Eminent Domain - right or wrong?
« Reply #22 on: June 23, 2005, 10:45:11 AM »
This ruling  will kill real estate investment. And basically means that you are only renting your property...they have found a way around just compensation already, since tax assessers usually assess property way under market value.
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Offline AdmRose

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Eminent Domain - right or wrong?
« Reply #23 on: June 23, 2005, 10:45:49 AM »
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Originally posted by ASTAC
This ruling  will kill real estate investment. And basically means that you are only renting your property...they have found a way around just compensation already, since tax assessers usually assess property way under market value.


Capitalism at its finest :rolleyes:
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Offline ASTAC

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Eminent Domain - right or wrong?
« Reply #24 on: June 23, 2005, 10:57:12 AM »
We that live in the US are no longer Americans...since the definition of an American citizen is someone who is FREE..who could be SECURE in their PROPERTY knowing it can't be seized..the last few years have seen a total reversal of the Constitution..they can't just come out and do it so they find shady loopholes...This is not the country I signed up to fight for.

Examples:

Amendment 1: Free speech and religon as long as you don't offend anybody

Amendment 2: Bear arms but we are going to regulate to the point that it's a pain to buy one

Amendment 4: See the Patriot Act

Amendment 5: LEGAL ABUSE OF IMINENT DOMAIN

Amendment 6: Only the rich can afford to not get convicted

There you go half the bill of rights taken from us all.
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That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety

Offline T0J0

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Eminent Domain - right or wrong?
« Reply #25 on: June 23, 2005, 12:21:35 PM »
emminent domain=manifest destiny
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Offline lasersailor184

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Eminent Domain - right or wrong?
« Reply #26 on: June 23, 2005, 02:39:33 PM »
Eminent Domain is definately wrong.


Btw, the courts will NEVER ever ever ever be more powerful than the bullet.
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