Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: FateAmenableToChange
Eminent domain is part of the constitution, and the sovereign governments have always had the power to take property for public use.

Because it is there doesn't mean politicians have an obligation to use it. It has been used as a tool by the state to redistribute wealth. In this day and age ED is really no longer needed. It is imcompatible with private property.

The phrase "just compensation" is totally subjective and cannot realistically be determined by the state. Just compensation can only be determined by a willing seller and buyer.

17 posted on 05/24/2002 1:59:45 PM PDT by Alan Chapman
[ Post Reply | Private Reply | To 8 | View Replies ]


To: Alan Chapman
I agree with you on the article and on this post. ED has went from being a beneficial tool that as I understand the times it was included, to take lands needed in case of an emergency such as forts, arsenals, etc. Now it is being used for everything! I can say that! My home is under threat because the National Park Service says we "pollute a view-shed"! These lands have been owned for over 200 years by the original settlers to the area and the land patent I have reads, "to William Cody Richmond, his heirs and ASSIGNS forever!

If lands were taken for such reasons above, ( and latter ed was extended to use for railroads, then highways, etc.)once the "need" for the lands was over they were to go back to the original owner or his heirs.And if railroads were abandoned, these lands as well was to go back to the original landowner or heirs---not! Somebody came up with the "Rails to Trails" idea. I have gathered this history lesson form the Virginia State Archives and from Snowcrest Farms, that has a site devoted to land and it's distirbution!

I think you said in an earlier post, that ed got to rocking and rolling around 1954 with the law case you cited and I feel you are correct. Then came gross abuses and this resulted in part to the Uniform Relocation Assistance Act, though this slowed ED some, now it is worse than it has ever been because of the spread of Sustainable Communites, Urban sprawl, etc. I have a friend in NJ that is under threat of loosing her home and farm because it is the last one in her township! Why? To protect "open-spaces"!

63 posted on 05/24/2002 9:54:09 PM PDT by countrydummy
[ Post Reply | Private Reply | To 17 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson