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Re: O/T: Supreme Court to hear Eminent Domain Case
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Posted by jdemaris on September 29, 2004 at 20:18:22 from (209.23.30.78):
In Reply to: O/T: Supreme Court to hear Eminent Domain Case posted by Mark - IN. on September 29, 2004 at 17:52:56:
There was slight mention of it in today's paper here in central New York State. I'd like to have more details. Eminent Domain as first intended is not necessarily bad. It was intended to allow governments to act quickly when necessary, and not be bogged down by red tape. For example, suppose a major highway caves in and cannot be repaired (I can't imagine this happening, but just suppose). The government would need to quickly make a new route and might have to seize property to do so (i.e. eminent domain). For years, the matter could be addressed in court, including questioning the governments "need" and justification to do what it did. So, there were SOME checks and balances. But, a few years back, a new version of land seizure a.ka. Eminent Domain came out - commonly called "quick take" Eminent Domain. This allows a government to take your property, and YOU - THE PROPERTY OWNER - never gets to have it questioned or reviewed in a court of law. The only thing that can be addressed is the price a.k.a. compensation paid to the owner who lost the land. So, if the town takes your home because they say they need a scenic park for disabled monkeys, and then - after taking your property, they change their minds and sell the land to Walmart - YOU can do nothing. The Quick Take version of Eminent Domain puts a lot of power in the hands of a few government officials. My wife and I were threatened by our Town government (Worcester, New York) a few years back. They had illegally widened a road on property we own, illegally destroyed many large trees, and then, to save face, decided to MAKE it legal by taking our land. We got it stopped, at least for now - but that's a long story. Nearby, in the Town of Hartwick, a guy owned a old one-room school house. The local historical society wanted it, he offered to sell it to them, they did not like the price - so . . . they got the Town to take it away from the owner by Quick Take Eminent Domain. A nearby tire business in Oneonta, New York lost their building from a fire. While deciding what to do (rebuild or move to a new location) the town tried to take the land by Eminent Domain so they could put in a metered parking lot. These stories go on and on. Problem is, the average citizen often does not care - unless directly affected. Horsesh*t. We ARE ALL AFFECTED EVERY TIME THIS HAPPENS! I'd like to hear more of what goes on with all this. Maybe, and finally, common sense is being reborn in this country.
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