Future of eminent domain in question [IL]

The State Journal-Register ^ | ADRIANA COLINDRES

[brityank]

But in a sharp dissent, Justice Charles Freeman said most of his court colleagues erred in their stance that property taken by eminent domain "must be accessible to the general public as of right."

"This requirement is the death of social legislation in furtherance of economic development and revitalization," Freeman wrote.

Good !!

Ping.

[AAABEST]

In an unusual case, the Illinois Supreme Court last month reversed itself and said the Southwestern Illinois Development Authority had abused "eminent domain" power by condemning land so it could become a racetrack parking lot.

What a damn outrage. I can't believe any governing body anywhere in this country would even consider taking land from one private entity so that another may have it. They want to steal someones property so they can build an effen racetrack. WTF!

They not only considered it, the bastards are upset that they didn't get away with it.

[brityank]

Not only that; they are asking the US Supreme Court to hear (and overturn) the IL Court.

I suspect that this Court won't grant the hearing, which unfortunately leaves these types of theft still available to the other states.

[marktwain]

The Institute for Justice, a liberterian version of the ACLU, has been instrumental in spearheading these cases. The basic argument is simple. If governments can take private property in order to give it to another private owner, then eminent domain doesn't mean anything, because they can use it for anything.

Since the power of eminent domain was for Pubilic Use only, it cannot legally be used to transfer property from one private party to another.

[KC_Conspirator]

This type of "eminent domain" is outright theft. Taking private property "for the good of the people" should only be translated in certain cases; such as acquisition of a factory during wartime, to clean up life-threatening environmental hazards, etc. Maybe I misunderstood the article, but I do not like the dissent on this case; the judge makes it seem that government can use "eminent domain" to futher "social justice".

[OBAFGKM]

A racetrack parking lot???? Sheesh. It calls to mind an old song:

"Movin' Father's Grave"
(Traditional)

They're moving father's grave to build a sewer
They're moving it regardless of expense.
They've dug up his remains to lay down nine-inch drains
To irrigate some posh bloke's residence.
Now what’s the use of havin’ a religion
If, when you’re dead, your troubles never cease.
If some posh city chapper—wants a pipeline to his …privie—
They’ll never let a british workman rest in peace.

[inquest]

Future of eminent domain in question

Damn! You mean it might still live?

[Dog Gone]

Woot! I have been waiting for this decision! Eminent domain is being abused by local governments everywhere for things such as condemning property so that a new Wal-Mart can be built.

Until now, this has been perfectly legal, but it's high time that the courts put a stop to it.

I'm a big supporter of eminent domain for legitimate purposes, such as streets, power lines, and general infrastructure. But seizing of private property to convert to somebody else's private property is fundamentally wrong.

I hope the US Supreme Court takes the case and embodies this principle into law.

[BlackbirdSST]

They want to steal someones property so they can build an effen racetrack. WTF! I believe that would be a good day to die! Blackbird.

[BobinIL]

Kudo's to Justice Rita Garman. She's from my home town. In the last primary I did not vote for her because her opponent was more conservitive. After this, perhaps I will give her record a closer look.

[Free the USA]

fyi

[editor-surveyor]

"This requirement is the death of social legislation in furtherance of economic development and revitalization,"

It's about time!

[cake_crumb]

What sector of the general public WANTS their neighborhood flattened for a racetrack parking lot or a football stadium? Cut me a break. The only area of the economy that gets "stimulated" by this kind of government abuse are big entrepeneurs and the politicians they buy off.

GREAT call by the Illinois Supremes!

BUMP!

[Black Agnes]

Seizing property from one private individual or individuals in order to give it to another private individual or individuals in the name of 'the public good' is merely Marxism/Communism in action. From each according to his ability, to each according to his need.

[E.G.C.]

BTTT!!!!!

[headsonpikes]

"This requirement is the death of social legislation..."

This will be almost revolutionary, if it stands...

I don't think governments are going to give up their right to grant favors all that readily. ;^)

[steve-b]

This requirement is the death of bribery and corruption in furtherance of economic development and revitalization special interests.

Just a correction.

[countrydummy]

Thanks Free for the bump! I am tickled pink that a Judge finally got the right answer! Yesterday in a similiar thread someone made the comment in the order that, "well they do get paid fair market value." I am so sick of hearing that I could scream! Question of the day. If the owners are to get such---then why the use or threat of eminent domain in the first place? Why does not the companies that are coveting the land not work out a purchase price with the original owners? If the person does not really want to sell, then get over it! Leave them alone!

Some people truly have their whole lives tied up in their lands and there is not enough money in the world to take it away from them, as it well should be! Some people refuse to sell initially to raise the price, and why should they not? If the land is going to a company that will make profits year after year after year, then why deny the landowner his chance at financial freedom also?????

The concept of fair market value has changed drastically over the last several years. When regulations in an area occur, when the rumor of the threat of eminent domain is made, the value of the property plunges! Exactly what the plan was! So there is no such thing as Fair market value anymore! The government(s) local, state and feds have figured out how to bring down the price substainally! I know of folks that were paid "fair market value" that barely got out with the clothes on their backs! They went in the hole instead of gaining.

We all buy land to either keep as heritages to our families or as and investment. We put our monies in the property for improvements,yet we also put blood, sweat and tears into it as well! If the time comes that we want to sell our properties, then of course we expect to make a financial gain. I think that is reasonable and correct. Eminent domain is being used as a tool to devalue property before the take over of the property!

[Free the USA]

Another article just posted Abuse of Eminent Domain Debated