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NEWS: Supreme Court to Rule on Right to seize Private Property

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posted on Feb, 22 2005 @ 08:54 PM
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Originally posted by soficrow
"The Supreme Court is really faced with a choice here," ..."If they affirm the Connecticut Supreme Court, they will fundamentally change the meaning of property ownership for everyone in the United States."


...Well, everything else has been changed - why would they stop now? If anyone wants to challenge the ruling, they have to go back to the same Supreme Court to file civil charges.
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I think in this case Conn might be sitting with nothing to do since Eight state supreme courts, including Washington's, have ruled that private economic development does not amount to a public use and have barred condemnations in such cases. Six state high courts have ruled that private economic-development projects are a public use.

I think that may or may not play a big part in this issue, normally the majority rules.




posted on Feb, 22 2005 @ 09:15 PM
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Damn, this is how the state of ohio got my house/barn/garage/29acres of land for a Golf Course. I was 3 when they took the first 27.5 acres of land for the golf course, cutting down forest, polluting Lake Erie with pesticides, forcing us to move the last of three mating Barn Owls in Ohio down south due to all the posion crap they were spraying, forcing out deer, rabbit, oppossum, coyote, raccoon, red fox, snakes, pheasents, so forth out. Then finally 9 years later they take the house/barn/garage and remaining land so they can put a new lodge in.

Now, how does cutting down acres of forest help the state? How does building 5 golf courses withn a 20 mile radius help the state?(there were 2 already when I was 3, and then 5 when I was 12) Hate this damn eminent domain, so wrong, take the only home I knew for a golf course.



posted on Feb, 22 2005 @ 10:29 PM
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This is a huge issue here in Washington. Go up to Bothell, Redmond, Woodinville, ect, and youll see signs for citizens action groups. Out there, which is primarily rural, alot of farmers have been getting their properties forcibly sold to developers. Where my mom lives, local developers are trying to seize homes from private citizens.

This really needs to stop. Period. I hope the Supreme court rules correctly here.



posted on Feb, 23 2005 @ 03:13 AM
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I am real sorry to hear that James, and that little tale you just told threw reality in my face once again. But, I will offer this ray of hope in the darkness. See, about three times, the city government here has tried to do just that with my subdivision- Partner with a developer and try to force buy outs of all the property owners. But some of the people here, having lived here all their lives, would have nothing to with it, no matter what they offered. They attended all the public hearings, and voiced there opinion loud and strong. So far they have managed to ward the government off. In fact, I wonder if the saying "squeaky wheel gets the grease" applies a bit here. It seems that the government will more likely take property when there is less of a fight. In the face of hundreds or even thousands of signatures on a petition, it is a hornet's nest they would rather leave alone.

Here are links to a couple of sites that deal with eminent domain.

Read some of the success stories against eminent domain seizures from www.castlecoalition.org...

And on this page, there is a report that shows how in recent times big government has been twisting the ED law to favor certain private industries:
www.castlecoalition.org...

And here a CBS News report on further abuses of ED:
www.cbsnews.com...

Here according to the CATO Institute, " Institute for Justice lawyers, in particular, have brought successful suits across the country to put teeth back into the public-use restraint. And only a month ago the Illinois Supreme Court came down with an opinion that did the same...."
www.cato.org...

Hope this helps bring some hope into the situation, and there are plenty more links out there.



posted on Feb, 23 2005 @ 03:23 AM
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Well, it was three people, my mom, the neighbor, and the neighbor on the other side. Together we owned over 150 acres of land, all the way out to Lake Erie, great hunting(record Ohio Buck shot there), fishing, and as said, our barn housed one of 3 mating Barn Owls in the state of Ohio, we worked with state game wardens and nature people to keep the land up, and then the state decides we need another golf course.

Hate ED, it is unlawful, wrong, and evil. "hmmm, nice farmland, now, we are gonna starve a few dozen people, but we think a mall needs to be placed right here. Ok, heres ten dollars for your 80 acre farm, barn, and house, go away now."



posted on Feb, 23 2005 @ 07:16 PM
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saw a movie once where the farmers refused to sell and took up arms to defend their property.

a golf course- they'd remove me from MY land in a pine box after i had run out of shells. Any body siding with the land grabbers- police, national guard etc should be assamed of themselves and a legit "target"

eminate domain was supposed to be for things like the railroad when there was absolutely no other option -NOT golf courses, not Malls, not a new Wally World, etc.


go supreme court- there is only one right decision though. Lets see if they reach it.


i'd sue the golf course and make 'em pay for it in court. seems to me a private organisation making a profit off of your land sould be dolling it out to you for the rest of your life- or it can be shown that it was taken for PRIVATE motivations and not to become PUBLIC land and you could get it back. especially if the supreeme court reaches the RIGHT decision.

Hasn't changed much from when the land was snatched from the iniands. geese.



posted on Feb, 23 2005 @ 08:05 PM
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Originally posted by launchpad

Hasn't changed much from when the land was snatched from the iniands. geese.





There you have it. And what did we expect, really. That's how these guys play ball.

Anyone know when the decision will come down?


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posted on Feb, 23 2005 @ 09:37 PM
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Originally posted by soficrow

Anyone know when the decision will come down?


Two of the Justices were out of town and plan on hearing recorded statements, arguementts and briefs by both parties when they get back. My guess would be three or more months at least.

The one brief for the plaintiffs was 62 pages and the other brief has not yet been posted yet, do not know why.

If you want to read the first click on the link. Adobe acrobat pdf file.

www.abanet.org...



posted on Feb, 23 2005 @ 10:32 PM
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Back in 2000, the Federal government told a State to stop counting votes, the Federal Supreme Court was going to choose a President for them. Some of the same people who had no problem with the refusal to recognize State rights, now seem to feel the Federal Supreme Court has gone to far.

You can't pick and choose when you want freedom to apply, it has to be all or nothing at all.



posted on Mar, 11 2005 @ 07:40 PM
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Man, i got some bad news today. My NEW house on 2.5 acres may be taken under the eminate domain for a corporation owned toll road! i guess it only figures and goes par for the course of my life = anytime i get something nice some A-hole trys to take it away from me or totally destroys it.

i just bought the place in December and it appraised at $190K. Then i have already sunk over another $20K into it. The corporation thinks they can take it from me for $800 an acre for a total of $2000!!!!!! The neighborhood is up in arms since they tried sneaking this one past us. At least 600 familys are involved.

Over my dead body will this happen. This is one issue i will declare war on all takers! Signs are going up this next week that say "deadly force will be used" much like those around military bases. People WILL get hurt if they try and run me off MY place. There just happens to be a line i will not get pushed passed anymore.

One can only hope for the supreme court to render a truely just decision and soon.



posted on Mar, 11 2005 @ 07:55 PM
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Launchpad, I was 3, then 13 when they took my land, I didn't have a choice, you do, fight for it. Want me to send some bullets to you? I got plenty here.

HATE ED, the state turned over 150acres of forest into golf course and a Lodge with parking lot. Posioned the land, the Maumee River, Lake Erie, killed thousands of Red Fox, Raccoon, Pheasants, Rabbits, Deer, Snakes, Birds.... everything. If it was just me and I was the home owner, well, I probably wouldn't be posting cause I would be in jail.



posted on Mar, 11 2005 @ 08:28 PM
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neighborhood milita might discourage them somewhat- ultimately government always gets its way but i'd rather go down fighting then always backing down and being run over.

Thing is i am military and a "resident" (home state for voting purposes) of another state but property owner in Colorado - so they tell my my voice does not matter here since i cannot vote here!

if i change my residency then i have to pay exorbant taxes on my autos AGAIN and then pay state income tax - so they get me both ways.




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