High Court Expands Reach of Eminent Domain


Killer Bees

Killer Bees

Well-Known Member
WASHINGTON ? A divided Supreme Court (search) ruled Thursday that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth often is at war with individual property rights.

http://www.foxnews.com/story/0,2933,160479,00.html

This is horrible. This is big government on steriods. :smh:
 
This spells doom for African American residents on the North side of Pine Bluff who have lakeside property. Almost 90 years ago the North side of Pine Bluff was flood terrain, and during the Jim Crow years the North Side (where UAPB is located)was one of the areas that Blacks were allowed to live;most of the Whites lived on Southside or Central part of town,well away from any threat of flood.
A few years later in the late 20's or early Thirties the U.S. Corp of Engineers built a dam to prevent flooding in the part of town. Now in the 21st century, the lakeshore area of the Northside is all Black with the majority homes probally valued less than $17,000

The City want to build a Lake side amperthearte,now with this fugged up azz ruling, the Racist rednecks are celebrating and slobing their azzes off now. But ithere's an ironic twist, the Pine Bluff City council is majority Black. The politics in Pine Bluff will be interesting now.
 



I agree it affects blacks, but this will also affect the white land owner who is in the path of surburban sprawl.
 
Killer Bees said:
I agree it affects blacks, but this will also affect the white land owner who is in the path of surburban sprawl.
Click to expand...
But guess who will receive the biggest financial award for their property? Take a guess on who will be cheated or receive a bad deal for their property? America is not a utopia and it never will be equal.
 
If this is not a wake up call to those who "don't care about politics", I don't know what is.

We already knew you don't really own your home. That was giving. It doesn't matter if you paid off the mortgage. If you don't pay your property taxes (which is basically renting land), the government can take your property away from you. But now this ruling leaves it up to the states to protect citizens from loosing their homes to ruthless developers. If you don't want to sell your home, you shouldn't be force to by the government (local, state, whatever). Yes, it does look like a move towards socialism.
 
I don't agree with this either. Although the "liberal wing" (as some call it) of the court was the reason it passed, it is in line with the general direction of more government (National, State, and Local) involvement in the everyday facets of life that has been occurring lately.

But I believe that this will be addressed again (i.e., someone will bring another case to to the Supremes in an attempt to overturn this).

Regards.
 
I have not spoken to one person that agrees with this ruling. They are having a field day with this on talk radio.
 
One thing about eminent domain though, the burden of Proof is on the State and local governments.
 
Olde Hornet said:
I did not read this as an expansion - its supporting the traditional use of eminent domain.
Click to expand...

This is an expansion. Traditional use was for roads, railroads, public hospitals and schools. This now allows a municipality to take/purchase your property for economic development. :smh: Take your property and then give/sell it to a private developer. That's not right and not the American Way.
 
pbla said:
One thing about eminent domain though, the burden of Proof is on the State and local governments.
Click to expand...
Supposedly they are to offer the owner fair market value but 9 times out 10 they will low ball you. This will not only affect Black or minorities but all people. :smh:
 
WRONG PERIOD!! :kaioken: :kaioken: :kaioken:

The judges that voted for this is living in a fantasy world................a world that don't even exist.

They can put all the "warnings" out that they want to cities and towns, but what mayor or govoner is going to turn down some developers that are offering to spend upwards of $500 million or more on things. This opens the door for all kinds of abuse and if the owners finally win, it will be too late to save their property.

Those living in the Jackson Mississippi area will probably remember the black family in Canton that refused to sell their 110 achers of land to build the Nissan plant. They won after years of fighting. Now Nissan and all the supporting plants are all around them. :xeye:

IT'S JUST A MATTER OF TIME BEFORE THAT LAND BELONGS TO THE STATE OF MISSISSIPPI. :upset: :upset:
 
slowly but surely our civil liberty is being destroyed.

my parents live the the whitehaven area of memphis not far from the airport and about 15 years ago, the airport wanted to buy the land reaching from the airport to the mississippi state line. this was a big issue that reached the courts and though some people took the buy out, the ruling was overturned. now, all they have to say is that this measure will generate millions of dollars in tax revenue, and the homes can be taken with no hassle(to say the least). it is dead wrong :smash: some people have been in their homes or on their land for generations and if the payments, taxes, etc are current, people should be able to keep their property. we are becoming more and more like china.
 
dSWACizJSU said:
slowly but surely our civil liberty is being destroyed.

my parents live the the whitehaven area of memphis not far from the airport and about 15 years ago, the airport wanted to buy the land reaching from the airport to the mississippi state line. this was a big issue that reached the courts and though some people took the buy out, the ruling was overturned. now, all they have to say is that this measure will generate millions of dollars in tax revenue, and the homes can be taken with no hassle(to say the least). it is dead wrong :smash: some people have been in their homes or on their land for generations and if the payments, taxes, etc are current, people should be able to keep their property. we are becoming more and more like china.
Click to expand...

:tup:
 



Ya'll remember all those "Nut cases" ...........the Milita groups running through the woods, training like they were army unit's in the late '80's and early 90's.

Look for them to make a comeback ....................this was one of their "FIGHTING POINTS".

"The Federal Gov-ment gonna take our right's and land away from us." :smh:
 
People..........

This is a horrible ruling that will inevitably have adverse consequences for African Americans. It appears that the gentrification process is not moving fast enough. So now the courts have been utilized to take people property. How many black neighborhoods shadow the most lucrative business sector of your community? This IS NOT the premise of imminent domain! The ruling basically means another individual or company can take your property if he/they can prove that he can improve the tax base of a city or create an economic impetus. This is not a democratic ruling. It is antithetical to what capitalism is all about. If someone wants to buy someone?s property, let them do it the old fashion American way and buy the people out without the "strong arms" of government!
 
JROCK said:
People..........

This is a horrible ruling that will inevitably have adverse consequences for African Americans. It appears that the gentrification process is not moving fast enough. So now the courts have been utilized to take people property. How many black neighborhoods shadow the most lucrative business sector of your community? This IS NOT the premise of imminent domain! The ruling basically means another individual or company can take your property if he/they can prove that he can improve the tax base of a city or create and economic impetus. This is not a democratic ruling. It is antithetical to what capitalism is all about. If someone wants to buy someone?s property, let them do it the old fashion American way and buy the people out without the "strong arms" of government!
Click to expand...


Co-sign
 
dSWACizJSU said:
slowly but surely our civil liberty is being destroyed.

my parents live the the whitehaven area of memphis not far from the airport and about 15 years ago, the airport wanted to buy the land reaching from the airport to the mississippi state line. this was a big issue that reached the courts and though some people took the buy out, the ruling was overturned. now, all they have to say is that this measure will generate millions of dollars in tax revenue, and the homes can be taken with no hassle(to say the least). it is dead wrong :smash: some people have been in their homes or on their land for generations and if the payments, taxes, etc are current, people should be able to keep their property. we are becoming more and more like china.
Click to expand...


So true! Every story I've seen on this is not about cities building roads or schools. It has been about redevelopment! Building mixed-use buildings with expensive condos & office buildings. Property values are raised which raises the tax bases. The city makes more money. This is a horrible ruling! :mad: I feel for all of those people this may affect. :mad:
 
I bet the Justice's that voted to expand Eminent Domain didn't expect this to happen.

Proposal: Replace Souter's home with 'Lost Liberty Hotel'

June 29, 2005

WEARE, N.H. --Following a Supreme Court ruling last week that gave local governments power to seize private property, someone has suggested taking over Justice David Souter's New Hampshire farmhouse and turning it into a hotel.

"The justification for such an eminent domain action is that our hotel will better serve the public interest as it will bring in economic development and higher tax revenue to Weare," Logan Darrow Clements of California wrote in a letter faxed to town officials in Weare on Tuesday.

Souter, a longtime Weare resident, joined in the 5-4 court decision allowing governments to seize private property from one owner and turn it over to another if doing so would benefit a community.

The letter dubbing the project the "Lost Liberty Hotel" was posted on conservative radio show host Rush Limbaugh's Web site. Clements said it would include a dining room called the "Just Desserts Cafe" an a museum focused on the "loss of freedom in America."

A message seeking comment from Souter was left at his office Wednesday morning. The court has recessed and Souter was still in Washington, one of his secretaries said.

A few police cruisers were parked on the edge of Souter's property Tuesday.

"It was a precaution, just being protective," said Lt. Mark Bodanza.

Clements is the CEO of Los Angeles-based Freestar Media that fights "abusive" government through a Web site and cable show. He plans to move to New Hampshire soon as part of the Free State Project, a group that supports limiting government powers, the Monitor reported.

The letter was passed along to the board of selectmen. If the five-member board were to endorse the hotel project, zoning laws would have to be changed and the hotel would have to get approval from the planning board. Messages seeking comment were left with Laura Buono, board chairwoman.

"Am I taking this seriously? But of course," said Charles Meany, Weare's code enforcement officer. "In lieu of the recent Supreme Court decision, I would imagine that some people are pretty much upset. If it is their right to pursue this type of end, then by all means let the process begin."

Souter's two-story colonial farmhouse is assessed at a little more than $100,000 and brought in $2,895 in property taxes last year.

Full Article
Click to expand...
 
You must log in or register to reply here.
Back
Top