Eminent Domain for commercial purposes round 2?

Real Life Events.

Go off topic and I will break you!

Moderator: Dictators in Training

Eminent Domain for commercial purposes round 2?

Postby Lueyen » Mon Jan 01, 2007 12:16 pm

http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200612/CUL20061220a.html

I'm so glad I live in a state where we passed legislation to protect the rights of property owners where SCOTUS has previously failed to do so.
Raymond S. Kraft wrote:The history of the world is the history of civilizational clashes, cultural clashes. All wars are about ideas, ideas about what society and civilization should be like, and the most determined always win.

Those who are willing to be the most ruthless always win. The pacifists always lose, because the anti-pacifists kill them.
User avatar
Lueyen
Dictator in Training
Dictator in Training
 
Posts: 1793
Joined: Tue Mar 09, 2004 2:57 pm

Postby The Kizzy » Mon Jan 01, 2007 8:16 pm

Maybe I'm just tired, but that made absolutly no sense to me.
Zanchief wrote:
Harrison wrote:I'm not dead


Fucker never listens to me. That's it, I'm an atheist.
User avatar
The Kizzy
NT Patron
NT Patron
 
Posts: 15193
Joined: Thu Mar 11, 2004 9:48 pm
Location: In the closet with the ghosts

Postby Lueyen » Tue Jan 02, 2007 12:52 am

The article or my comment?
Raymond S. Kraft wrote:The history of the world is the history of civilizational clashes, cultural clashes. All wars are about ideas, ideas about what society and civilization should be like, and the most determined always win.

Those who are willing to be the most ruthless always win. The pacifists always lose, because the anti-pacifists kill them.
User avatar
Lueyen
Dictator in Training
Dictator in Training
 
Posts: 1793
Joined: Tue Mar 09, 2004 2:57 pm

Postby The Kizzy » Tue Jan 02, 2007 7:01 am

The article.
Zanchief wrote:
Harrison wrote:I'm not dead


Fucker never listens to me. That's it, I'm an atheist.
User avatar
The Kizzy
NT Patron
NT Patron
 
Posts: 15193
Joined: Thu Mar 11, 2004 9:48 pm
Location: In the closet with the ghosts

Postby Martrae » Tue Jan 02, 2007 9:34 am

Guy 1 owned development property.

Guy 2 wanted said property.

Guy 1 didn't wanna sell.

Guy 2 said fine then pay me $600,000 or I'll take your property by eminent domain.

Guy 1 said screw you.

Guy 2 went to the City Council and took the property by eminent domain.

Guy 1 went to court.
Inside each person lives two wolves. One is loyal, kind, respectful, humble and open to the mystery of life. The other is greedy, jealous, hateful, afraid and blind to the wonders of life. They are in battle for your spirit. The one who wins is the one you feed.
User avatar
Martrae
Admin Abuse Squad
Admin Abuse Squad
 
Posts: 11962
Joined: Mon Mar 15, 2004 9:46 am
Location: Georgia

Postby The Kizzy » Tue Jan 02, 2007 10:57 am

I understand what happened, I just meant that it really has gone to far. Looked like the court ruled in Guy 2's favor. Which sounds like extortion.
Zanchief wrote:
Harrison wrote:I'm not dead


Fucker never listens to me. That's it, I'm an atheist.
User avatar
The Kizzy
NT Patron
NT Patron
 
Posts: 15193
Joined: Thu Mar 11, 2004 9:48 pm
Location: In the closet with the ghosts

Postby Lueyen » Tue Jan 02, 2007 11:04 am

The Kizzy wrote:I understand what happened, I just meant that it really has gone to far. Looked like the court ruled in Guy 2's favor. Which sounds like extortion.


exactly
Raymond S. Kraft wrote:The history of the world is the history of civilizational clashes, cultural clashes. All wars are about ideas, ideas about what society and civilization should be like, and the most determined always win.

Those who are willing to be the most ruthless always win. The pacifists always lose, because the anti-pacifists kill them.
User avatar
Lueyen
Dictator in Training
Dictator in Training
 
Posts: 1793
Joined: Tue Mar 09, 2004 2:57 pm

Postby Tikker » Tue Jan 02, 2007 11:22 am

I thought eminent domain was just meant to be used to find parcels of land for hospitals, railroads, infrastructure type shiznat vital to the public
Tikker
NT Legend
NT Legend
 
Posts: 14294
Joined: Tue Mar 09, 2004 5:22 pm

Postby Evermore » Tue Jan 02, 2007 11:26 am

Tikker wrote:I thought eminent domain was just meant to be used to find parcels of land for hospitals, railroads, infrastructure type shiznat vital to the public


it is but dont forget the same bunch of liars and thieves that created the rule are the ones that are enforcing it.
For you
Image
User avatar
Evermore
NT Deity
NT Deity
 
Posts: 4368
Joined: Wed Mar 10, 2004 10:46 am

Postby Eziekial » Tue Jan 02, 2007 2:43 pm

Actually, the SCOTUS ruling was made to preserve State rights in writing their eminent domain laws. Many States quickly did so to preserve private property owners. NY is one that has not changed their laws. Honestly, I hope this happens more in the state. I have given up hope people will wake up and smell the coffee so I feel the only way to change is through violent upheaval. Once enough people's houses come down to build quick-e marts and walgreens there will be enough anger and frustration to cause a revolt. So I say, fuck that poor bastard. If he doesn't like it, move.
User avatar
Eziekial
NT Traveller
NT Traveller
 
Posts: 3282
Joined: Tue Nov 30, 2004 6:43 pm
Location: Florida

Postby Harrison » Tue Jan 02, 2007 4:51 pm

Eziekial wrote:Actually, the SCOTUS ruling was made to preserve State rights in writing their eminent domain laws. Many States quickly did so to preserve private property owners. NY is one that has not changed their laws. Honestly, I hope this happens more in the state. I have given up hope people will wake up and smell the coffee so I feel the only way to change is through violent upheaval. Once enough people's houses come down to build quick-e marts and walgreens there will be enough anger and frustration to cause a revolt. So I say, fuck that poor bastard. If he doesn't like it, move.


I wish I could agree.

I don't think even losing your home will be enough for people these days.
How do you like this spoiler, motherfucker? -Lyion
User avatar
Harrison
NT Legend
NT Legend
 
Posts: 20323
Joined: Thu Mar 11, 2004 12:13 am
Location: New Bedford, MA

Postby Spazz » Tue Jan 02, 2007 6:47 pm

Well at least we agree on something harry. I dont think there is anything the government could do that would make people rise up and fight back.
WHITE TRASH METAL SLUMMER
Why Immortal technique?
Perhaps its because I am afraid and he gives me courage.
User avatar
Spazz
Osama bin Spazz
Osama bin Spazz
 
Posts: 4752
Joined: Tue Mar 16, 2004 7:29 pm
Location: Whitebread burbs

Postby Lueyen » Tue Jan 02, 2007 7:42 pm

Tikker wrote:I thought eminent domain was just meant to be used to find parcels of land for hospitals, railroads, infrastructure type shiznat vital to the public


Not really, the concept isn't limited to only real property and real estate. It could include intangible property such as manufacturing secrets ect. I've not confirmed it but was told that the slaughter of cattle due to the scare of mad cow disease was done via an invocation of eminent domain. Other applications could be the governments obtaining technology secrets for the development of militaristic purposes. What you are talking about is the most common uses and the normally accepted concept.


Eziekial wrote:Actually, the SCOTUS ruling was made to preserve State rights in writing their eminent domain laws. Many States quickly did so to preserve private property owners.


Of course in a previous case, Chappell v. United States, SCOTUS ruled that federal powers of eminent domain were not subject to the interests of the State. It would not surprise me if this case is later used to get around individual state laws when the federal government decides it wants to invoke eminent domain.

Real Public use (and by real I mean infrastructure or matters of public welfare and security) is one thing, the problem is when you add in the economic factors that eminent domain becomes a vessel of abuse and circumvention of civil rights.

In Kelo v. City of New London SCOTUS upheld the right of government to transfer property from a private owner, not into the hands of government but to a different private owner, with of course the limitation that it was subject to state laws. If however the federal government in exercising the power of eminent domain is not limited by state statutes regarding it's use then when it comes to the federal government there is not protection for the people.

The bottom line is the SCOTUS dropped the fucking ball and if it refuses to set one of it's all mighty precedences, then we NEED a constitutional amendment to do what our legislative branch is either unable or unwilling to do.

It would sure be nice if executive orders carried more weight (at least in this case). Bush signed one stating that:

"It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken."

I'm not bitter or infuriated by this issue though... no seriously~.
Raymond S. Kraft wrote:The history of the world is the history of civilizational clashes, cultural clashes. All wars are about ideas, ideas about what society and civilization should be like, and the most determined always win.

Those who are willing to be the most ruthless always win. The pacifists always lose, because the anti-pacifists kill them.
User avatar
Lueyen
Dictator in Training
Dictator in Training
 
Posts: 1793
Joined: Tue Mar 09, 2004 2:57 pm

Postby Eziekial » Wed Jan 03, 2007 7:18 am

Rise up! Fight the man.... no seriously~
User avatar
Eziekial
NT Traveller
NT Traveller
 
Posts: 3282
Joined: Tue Nov 30, 2004 6:43 pm
Location: Florida


Return to Current Affairs

Who is online

Users browsing this forum: No registered users and 23 guests