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Is your property ... yours? Maybe not: Eminent Domain

Discussion in 'BBS Hangout: Debate & Discussion' started by Cohen, May 7, 2005.

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  1. Cohen

    Cohen Member

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    It's an odd concept for many of us. The government is permitted to declare eminent domain ... to take your property for 'public good'.

    It used to be used to get land for courthouses, fire stations, and other obvious 'public good'.

    Then it was used to clear slums.

    Then....it was extended to give your private property to some other private individual or business ... ostensibly to increase the tax base. :confused:

    Extending ED to that is just ridiculous. Any and all of us could lose our homes if your city supported this argument and some business approached them to replace your community...just because the city can make more money. That just sucks. If your land is so valuable then the business should pay you the market rate or locate elsewhere.

    The Supreme Court has heard a case this year and will decide this summer.

    http://www.cnn.com/2005/LAW/02/22/scotus.eminent.domain/

    A little history:
    http://www.fff.org/freedom/fd0412a.asp
     
    #1 Cohen, May 7, 2005
  2. pirc1

    pirc1 Member

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    Sucks to be the little people. That is the way it is and always will be.
     
    #2 pirc1, May 7, 2005
  3. Cohen

    Cohen Member

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    'Little' peoples' votes count the same as 'big' peoples'. I think a problem is when you don't get motivated to stand up for the rights of your neighbors ... it could happen to you next.

    FWIW, a bunch of local politicians seemed to be benefitting from a toll road package that passed in Austin a few months back. One toll was to be on a new stretch of road being built close to our community that was already paid for with taxes. We have since fought it and won, and are now fighting the new tolls that will effect our neighbors ... some of the politicians are now running scared. One openly reversed his position (after a recall effort started). The local politicians blamed the State politicians and the State blamed the locals for the situation.

    Votes count.
     
    #3 Cohen, May 7, 2005
  4. pirc1

    pirc1 Member

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    Great to hear that! One for the little guys.
     
    #4 pirc1, May 7, 2005
  5. nyquil82

    nyquil82 Member

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    votes count....unless you're in a gerrymandered district.
     
    #5 nyquil82, May 7, 2005
  6. Refman

    Refman Member

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    Actually, if you look at the case law involving eminent domain, the government cannot just take your property from you. They must pay "fair value." Whether the value given is "fair" is the subject of valuation hearings which are part and parcel of all governmental takings.

    Ask anybody who has had land taken for the expansion of the Katy Freeway.
     
    #6 Refman, May 7, 2005
  7. wouldabeen23

    wouldabeen23 Member

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    This was an NPR story about 3-4 months ago--these folks are getting a raw deal, but as I understood it, were getting more than the market value of their homes and land. In either case, if I were someone living in that area, I would give the city a big middle finger and dare them to take it. Hope the SC comes down on the side of the people...
     
    #7 wouldabeen23, May 9, 2005
  8. droxford

    droxford Member

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    Hey Cohen

    I've been trying to keep up with the "Austin-going-to-toll-roads" situation. Have you got some links to news about what has happened?

    -- droxford
     
    #8 droxford, May 10, 2005
  9. SoSoDef76

    SoSoDef76 Member

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    That NPR story can be found here: http://www.npr.org/templates/story/story.php?storyId=4508927. It's worth listening to.
     
    #9 SoSoDef76, May 10, 2005
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