Skip to comments.VIDEO: Mechanic Show Owner Takes on Eminent Domain
Posted on 09/30/2010 1:13:31 PM PDT by MichCapCon
Wanna cheer for a regular guy who became a national champion for freedom? Watch brake shop owner Randy Bailey fight for his (and all of our) property rights.
(Excerpt) Read more at michigancapitolconfidential.com ...
I would NEVER darken the door of the hardware store that attempted this. The guy admitted he didn’t try to negotiate with baily. And the only argument he had was that people are doing this all over the country.
People have porn businesses all over the country. That doesn’t make it right.
The key to the whole story is in the last part. This was handled pro-bono by a legal organization that specializes in this. Without them he would have had to bend over and take it.
Which is what the hardware store and city were probably counting on.
Your supposed Youtube link goes to your ickle bloggy.
HERE is the direct link to the video:
You tricked me into a blog hit.
Never again, pimper.
I suppose you didn’t see the link at the top first?
Yeah, I noticed that too. Ticked me off, actually.
>>I suppose you didnt see the link at the top first?<<
I did and clicked on it. That is why he is lying. It doesn’t take you to youtube. It takes you to the pimped blog.
Yeah, It claims to be a Youtube link.
It links to the blog. I don't like being lied to.
the gist of the case was the government taking private property from one individual and giving it to another. the courts found this to be unconstitutional and ruled in the favor of Randy the mechanic.
the money you earn is private property.
redistribution of wealth is the mechanism of confiscating that property to be given to others.
how is redistribution of wealth different from this case?
i would contend it is even worse, as the citizen doesn’t even get fair market value for the property confiscated by the government
“i would contend it is even worse, as the citizen doesnt even get fair market value for the property confiscated by the government
I am vaguely familar with this case and DO NOT support ED for private use.
However, Eminent Domain is used by city governments every day of the year, most typically for road or utility construction, and is the last resort to resolve differences in appraised fair market value by both parties. If a land owner is unwilling to sign, ED is invoked and the action then proceeds to a judge who renders a decision based on the evidence presented.
Fair market value appraisals take into consideration similar property sales in the area of the project. Unlike a real estate appraisal, land is given its own value, same for the house or structure, but it also includes valuation calculations for items such as landscaping,concrete sidewalk, pavement, if any junk vehicles need to be “relocated” etc. This typically brings the price to a greater value than the RA for a normal house. If the property owner does not like the appraisal they can receive money to hire an independent appraiser of their choice.
Another aspect is “Relocation”, which in laymans terms means that the agency also has to find you another suitable (to your standards, not the government’s standard) location for your home or business. This is also included in the price. I know of one such case the involved a wealthy person in Seattle that sold out his property for a couple of million plus a multi million dollar place to move. He then sued the state and won because even though it was suitable to the the Right of Way buyer, it didn’t meet his taste...
On top of that the aquiring agency also has a set maximum amount to increase the appraisal so that they can avoid ED. Why, so they don’t have to pay legal fees!
Moral of the story is most people who whine about getting screwed out of fair market value are the ones who see a huge cash cow in the government and want to milk it for all it is worth...
> Yeah, It claims to be a Youtube link. It links to the blog. I don't like being lied to.
Well, I'll tell ya...
The only thing that ticks me off MORE than blog-pimping is when such a pimp post shows up in "News".
Anyway, I offer the above in the spirit that four-warned is four-armed. Or something like that... :)
“Fair market value” is a legalistic myth if the would-be seller and buyer cannot agree on a price, and the guys with guns (i.e., the government) intervene.
Fixed that. Eminent domain is how real estate is stolen.
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