Justices Affirm Property Seizures

[fabsroman]

Multibeard,

I am licensed to practice law in Washington, DC, but I haven't applied to be admitted to practice before the Supreme Court because I believe an attorney needs to have at least 10 years of experience to be admitted. I live so close to DC that it is hard to avoid it. In fact, I can be down on the mall in about 40 minutes on the metro and can be inside the Washington, DC border within 20 minutes. Granted, I do not enjoy going down there much and would prefer to head north, but I still have to go down there every once in a while.

States and the District of Columbia try to attract business to them because it brings in money in several ways. First off, it creates employment, which results in additional income tax. It also results in additional sales tax collected because the people earning the money will spend a good portion of it. It also causes increased home sales/construction if the employment market is tight because people will move in to work at the new factory/company if there isn't a lot of labor available. With new homes comes additional property taxes.

How do you think Washington, DC got the expos to move here and become the Nationals? They made them a ton of promises. How do you think Baltimore, Maryland got the Browns to move here and become the Ravens? They made them a ton of promises and built them a new stadium on taxpayers money. Of course, I am not a big Baltimore fan and I despise the Orioles because of Peter Angelos, yet my tax dollars went into building stadiums, and costly stadiums at that, for both the Ravens and the Orioles. I am at the point where I do not care to follow pro sports too much, so why do I have to pay for their stadiums.

Goverments aren't perfect, but at least ours tries very hard to be. Things change over time, and this opinion might change over time too. Look at all the change that occurred over the Terri Schiavo case. Let's just wait until the first time this new court case is used to take somebody's property at a reduced value and sell it to a corporation and an extremely high price. There will probably be a huge outcry.

Then again, it might be best for these hold out people to take the money offered by the corporation initially and be done with the whole thing. There was a case by me where everybody on a corner sold their homes to a landlord so he could build a shopping center. However, one guy with road access held out. His backyard view became that of a shopping center and all around his house was asphalt. When he wanted to sell, nobody wanted to buy the place.

Sometimes people hold out just because they are stubborn. Other times they have a good reason to do so. It is just tough to deal with.

My biggest issue here is that where do all the people go that get displaced out of these ghettos when things get revitalized? We are merely shifting these places from one place to another. The bigger issue is dealing with the people that need low income housing, but that isn't an easy issue.

[rubicon]

Its not just the ghettos they take. I know of one county which was begging for a hydro electric power plant. the dam would have been built on land owned by the power company and nobody would have to be displaced but they were denied permits. Instead, an alternate site in the next county was chosen. It was all farm land and all the farmers lost their land. My father also once served on a jury which had to decide values of farm homes which was taken by the state of WV to build Canaan Valley State Park.

[Skinny Shooter]

This is an ugly precedent that will embolden even the smallest of communities to seize property in the name of "public use".

Another hit to property owners is the threat of confiscatory taxes. I really don't own my property and never will until these actions are reversed.

This is another step towards the replacement of our governmental members by the citizens of this country. If only folks would galvanize together but that'll never happen...

Another topic is term limits for federal judges and every other elected official while we're at it.
FJ's aren't accountable to anyone

rant off

[fabsroman]

Federal Judges can be impeached by Congress, just like the President can be. However, it very rarely happens with judges.

Here is a pretty good thread about it. However (i.e., disclaimer), I only read the first half.

http://www.wallbuilders.com/resource...?ResourceID=69

[Skinny Shooter]

Originally posted by fabsroman
Federal Judges can be impeached by Congress, just like the President can be. However, it very rarely happens with judges.

Thanks Fabs. And that's the reason they all (Congress included) need term limits. We know how fast Congress can act when they are needed.
If they really were on top of things the 9th Circuit Court might be lookin' a bit different these days...

Fabs, this isn't a hit to you personally cause your not included in this next part and are an all-round good guy. We need less professional people and more regular joes to end up in office. Like Mr Smith... Link

Allen

[fabsroman]

Skinny,

I agree completely. Problem is that there aren't many ordinary Joe's that know what is going on, much less many with the clout to make it into office. I believe that the only reason that Congress isn't doing much about certain things is because the average Joe isn't writing in to his/her representative. Heck, I don't think the average professional is writing in either. Government gets away with a lot of stuff because the average person is way too busy to care about what is happening with the guy next door's house. So, they let laws pass. However, later on it comes back to bite them. That is what is really sad. Barely anybody probably cares that somebody is losing their house and only being paid a pittance. In fact, we should start a pole to see how many people wrote their Representative about this situation.

Have you? I know I haven't.

[Skinny Shooter]

Originally posted by fabsroman
Skinny,
In fact, we should start a pole to see how many people wrote their Representative about this situation.
Have you? I know I haven't.

I have.

[fabsroman]

Good for you Skinny. I wish I had your motivation today. Then again, maybe I do because I have gotten a lot done, just haven't been able to read the opinion and e-mail my representative.

[skeeter@ccia.com]

Why can California get away with doing anything they want?..Why are they the first to pass these stipid laws?...Why doesn't the federal gov step in and remind them they are a part of this free nation....free for this citizens?.....Is America the land of the Free?...I think we have too many wolves in sheep clothes in offices anymore...you know the ones that want to distroy this nation....they might not be able to win the war but they are sure winning the battle and we as citizens are letting them..and doing nothing but grumping to each other about what they did and not paying attention to what they have in store for us tomorrow...keep us in a state of confussion.....isn't this a way to win over the people?.....
When they put in a new pc of the pa turnpike here, they had a Dr change the route ( that made a crook in the road)..because he just bought his property and built a huge house....but a few miles up the road they made a truck repair take or leave what they wanted to pay for his property.....nothing for the buss he had there...he held out....they never did get it settled in the courts before he passed....they took his land..mowed down the garage and never even used the property....it is level land there now..his family is out the $$..still in courts.....
on another note worse than that....a well known tire shop was taken over by a bank so they could build there....a bigger bank..so he had to move...take it or leave it....they built a 4 story bank there...it is closed now....collecting dust....his shop is out of the back of his truck now.....great buss. by the way....makes out good...but the eye sore is still there on the hill for all to see....why don't they make it a vote by the locals for this?..Then again our Reps never hear from the "people" and only report what they hear from a sellect few that want to get off the duff and contact them.....kind a like when we do the anti hun/hunt things...let our feeling known to them...is the way to start...then we can go from there.....the squeeky wheel gets the grease..

[Critch]

Well, I worte my congress criters, both state and federal and my govenor. Interestinlgy, (I'm sure it wasn't due to me), Governor Blunt is getting ready to propose a constitutional amendment to prevent private entities froom using eminent domain, or governments from using in the name of private entities.

Wonder how this will go.

[fabsroman]

Laws get passed because people lobby their representatives. Sad thing is that big business can afford to have lobbyists and the poor shmuck cannot.

[Slim-Zippy]

Chief Justice Souter has just had a wealthy conservative seek information of his local city manager to condemn his home for the use of a Hotel which will be called the Lost Liberty Hotel.

Not a joke, It is on the Drudge Report.

Personnaly I hope they take his home and shove it .....

[fabsroman]

That is Justice for you. I am glad to see that there are some people out there with money and morals. I am also glad to see that the Justices are getting what they deserve.

This almost makes my day.

[TheeBadOne]

Originally posted by Slim-Zippy
Chief Justice Souter has just had a wealthy conservative seek information of his local city manager to condemn his home for the use of a Hotel which will be called the Lost Liberty Hotel.

Not a joke, It is on the Drudge Report.

Personnaly I hope they take his home and shove it .....

[denton]

I just don't understand this schizophrenic court.

In the marijuana case, they ruled that the federal government can regulate anything they want to regulate, whether it ever traveled in interstate commerce or not, under the interstate commerce clause. They basically trashed the concept of the federal government's powers being few and enumerated.

In the KELO case, they ruled that the federal government couldn't intervene if a state or local government wanted to seize private property on behalf of another private party. They basically said that they would not intervene in what they considered a local issue...just the opposite philosophy of the marijuana case.

Now we are in a position where a federal branch of government has done something evil, and the other two branches of federal government are practically powerless to stop it, because the constitution gives them no power to legislate in that area.

Bizarre.

I hope they do make a serious run at seizing Souter's home.

Fortunately, we have a state law here in Utah strictly limiting the uses of eminent domain.