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Property rights... yeah, right!


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I'm surprised no one has posted about the Supreme Court ruling handed down yesterday.

 

The court, by a 5-4 vote, upheld as constitutional the taking by New London, Connecticut, of 15 properties belonging to nine residents or investment owners. These properties were taken for a project to complement a nearby research facility by the Pfizer drug company. Justice John Paul Stevens said for the court majority that the project served a public purpose and that the court should not second-guess the citys judgments about the plan.

 

The residents opposed the plans to raze their homes and businesses to clear the way for a riverfront hotel, health club and offices. They argued that it amounted to an unconstitutional taking of their property, located on a peninsula that juts into the Thames River.

From this web page.

 

This is a travesty. The homes in question are not blighted (the reason given for upholding the taking of dilapidated properties for redevelopment in the previous high court ruling from 1954. This is simply stealing these people's homes in the name of the law.

 

A few years ago Donald Trump failed in an attempt to get Atlantic City to take the land of an elderly homeowner whose home sits downtown, right next to Trump's hotel and casino. He wanted to move her to make way for increased parking. In the end, her house is surrounded by his development, but she's happy to stay there.

 

The sad news is regarding situations such as

 

  • A city in Washington state removed a woman in her 80s from her home of 55 years supposedly to expand a sewer plant, then sold the land to an auto dealership
  • A city in Washington state removed a woman in her 80s from her home of 55 years supposedly to expand a sewer plant, then sold the land to an auto dealership

 

And many others. This ruling puts anyone's property in jeopardy. Even relatively nice homes can be razed if a developer works with a city to increase their tax base by ripping out the old homes for new.

 

I live in a moderately old (40 - 50 years) neighborhood in a close suburb of Nashville. We are part of the Metro area, though a separate city. (God only knows what that really means. :rolleyes: ) This suburb runs the gamut of beautiful neighborhoods to run-down housing. On some streets near me there are stereotypical "redneck" features such as sheds that barely stand and multiple cars parked in the driveway, backyard and often, the front yard. We have no sidewalks in virtually any part of our neighborhood despite fast moving traffic that cuts through our area. I could conceive of a developer coming in, devising a plan to rebuild the entire neighborhood and the city of Madison or the city of Nashville stepping in to use emminent domain to force the current owners to move. I guarantee you it would be damn near impossible to buy similar houses in other parts of Nashville for the same money.

 

Apparently the Supreme Court justices are comfortable that their homes won't be sold to private interests by their cities. :rolleyes:

It's easiest to find me on Facebook. Neil Bergman

 

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fntstcsnd

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Sorry. I know this borders on politics (though I approach it from a strictly lay view of how the law affects individuals and communities, not whose interests in city, state or federal offices are served.

 

Plus, I will not go to the SSS Political Party, so if this is going to be considered political, than nevermind...

It's easiest to find me on Facebook. Neil Bergman

 

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fntstcsnd

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Originally posted by Lee Flier:

I agree!

 

And actually the discussion going on in the political forum is quite good, and focused on the residents of the community, Neil. Come on - you can brave one thread! ;)

Yeah, it would be great to have your input.
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It's interesting that everyone is so up in arms about copying CD's, movies etc. and internet piracy mp3's yadayadyada.

 

But when it comes down to taking away simple, tangible hard to the touch possesions, that people have owned for decades, lawmakers make it ok to do just that.

 

Something is very wrong with society when someones house is deemed less important than someone burning a copy of a song.

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You know, I'm declaring eminent domain on the works of Bob Dylan. While once they were a shining city on the hill, they're now a shabby shantytown filled with mentally ill and morally bankrupt characters, rambling narratives, and shoddily constructed metric and rhyme schemes.

 

When my renewal programs are done, they will once again have carefully redesigned and engineered rhyme, in proper schema, have coherent, unified themes, with all the modern conveniences of ancillary promotional vehicles and a carefully crafted set of product-ties which will maximize revenue streams for investors and provide a valuable tax base for cash strapped record companies, radio stations, and video networks.

 

___________________________

 

 

Seriously, folks. There are better ways to accomplish some of the stated goals of urban renewal-related eminent domain condemnation. While I support the notion of eminent domain in the most restricted forms, I think it should be the absolute last recourse and only used where public safety and health are directly dependent on them.

 

"Revitalization" of developer bank accounts is hardly that...

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Originally posted by theblue1:

You know, I'm declaring eminent domain on the works of Bob Dylan. While once they were a shining city on the hill, they're now a shabby shantytown filled with mentally ill and morally bankrupt characters, rambling narratives, and shoddily constructed metric and rhyme schemes.

 

When my renewal programs are done, they will once again have carefully redesigned and engineered rhyme, in proper schema, have coherent, unified themes, with all the modern conveniences of ancillary promotional vehicles and a carefully crafted set of product-ties which will maximize revenue streams for investors and provide a valuable tax base for cash strapped record companies, radio stations, and video networks.

:D
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I imagine that this sort of siezing of people's homes in order to hand their property over to a private developer will be outlawed.

 

The opinion poll I saw had 97% against it, so that'd a no-brainer for congress and anyone who wants easy political points - if it's within their power to deal with it.

Just a pinch between the geek and chum

 

 

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Originally posted by Bejeeber:

I imagine that this sort of siezing of people's homes in order to hand their property over to a private developer will outlawed.

 

The opinion poll I saw had 97% against it, so that'd a no-brainer for congress and anyone who wants easy political points - if it's within their power to deal with it.

It WAS outlawed - in the Fourth Amendment of the Constitution:

http://caselaw.lp.findlaw.com/data/constitution/amendment04/

 

The problem is that a loophole was promptly added:

(look in the part under 'Eminent Domain')

http://caselaw.lp.findlaw.com/data/constitution/amendment05/

 

 

Relying on the government, ANY government, to do the right and just thing is much like hiring a weasel to guard your chickenhouse. Not only is it naive, it's stupid...

<\rant>

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Take a look at who voted this nonsense up and who dissented:

 

For: John Paul Stevens, Stephen Breyer, David Souter, Ruth Bader Ginsburg, Antony Kennedy (Mostly Clinton appointees, and those regarded as liberals)

 

Dissent: Chief Justice Rehnquist, Sandra day O'Connor, Antonin Scalia, clarence Thomas (The oft-reviled appointees of Republican presidents)

 

No, exactly who is pushing in favor of corporate interests, and who is looking out for the little guy here?

 

Think about it.

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