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ANOTHER ATTACK ON PRIVATE PROPERTY
Nealz Nuze ^ | December 16, 2004 | Neal Boortz

Posted on 12/16/2004 5:42:03 AM PST by beaureguard

Those of you who listen to my show and read my ramblings know that I have a passionate belief in property rights. There has never been a "free" society that survived past the point that it started to ignore the private property rights of its citizens. One of the greatest threats to private property rights in this country is the newfound love that so many local governments have for the concept of eminent domain. It's as if politicians have just recently found out that they can use their governments monopoly on the use of deadly force to seize property from private individuals and then dispose of that property in a way that will be beneficial to the politician.

We have quite a little eminent domain saga going on in my home state of Georgia. Hall County lies north of Atlanta at the base of North Georgia foothills. In Hall County you will find $10 million homes on the shores of Lake Lanier, one of the busiest resort lakes in the nation.

Our story involves Eleanor Brazell. Eleanor is a widow. She owns 323 acres in Hall County. She has a contract to sell 311 of those acres to a developer who has plans for a "Sun City" type retirement community. Eleanor will keep the 12 acres on which she lives in a house built by her now-dead husband.

Our story also involves a Hall County Commissioner named Deborah Lynn. Commissioner Lynn wants Eleanor Brazell's property, all 323 acres of it. Lynn wants the property for a community center, a park and various other little goodies. It's interesting that Lynn says that the county needs the property for a park. A county-appointed citizen's park board says that they don't want that property for a park.

Well .. right now the Hall County commission is fighting like hell to get the condemnation of Brazell's property as fast as possible. They're in a hurry because two of the commissioners who are in favor of the seizure will be leaving office at the end of the month.

Now ... here's the real kicker. The contract with the private developer calls for a price of $8.4 million, and that contract allows Eleanor Brazell to keep the 12 acres on which her home sits. Hall County is only going to pay Eleanor Brazell $6.4 million ... PLUS, they're going to take the 12 acres for her home ... and all of this for a park the citizen's parks board says it doesn't want!

This is theft. No other description. This woman has a contract to sell 311 acres of her land, keep her home, and pocket $8.4 million. Along come the politicians who are telling her "No .. you're not going to keep your home, and you're not going to sell 311 acres for $8.4 million. We're going to force you off your property and out of your home and we're only going to give you $6.4 million. And you have no choice in the matter because we, not you, are allowed to use force to accomplish our goals."

Thieves in suits.

Now I know what a lot of you are saying. Big deal. The woman still walks away with six million bucks. How in the hell do you expect me to feel sorry for a woman with six million dollars? Fine. Try getting beyond your envy here. Hall County is seizing this woman's land for 25% less than its market value. Maybe next week the county will condemn some middle class homeowner's property. The homeowner might have a contract to sell his home for $160,000. Along comes the county with its condemnation privileges and pays the homeowner $120,000 instead. A nifty little 25% discount! Is that OK with you?

I'll try to keep you up to speed on Hall County's attempt at legalized grand larceny. Stay tuned.


TOPICS: Government; US: Georgia
KEYWORDS: boortz; eminentdomain; nealznuze; propertyrights
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1 posted on 12/16/2004 5:42:03 AM PST by beaureguard
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To: beaureguard
I am confused.
I am sure that the Supreme Court in the last 40 years had ruled unequivocally that eminent domain applied exclusively to enable facilities and improvements of a clearly public nature that would remain public forever: e.g. roads, water supply, public buildings and facilities etc.

Shopping centers, office complexes and abortion clinics do not qualify by any stretch of logic or justice. Nor do any "revenue producing" out-of-left-field logic.

Did something change while I wasn't looking?

2 posted on 12/16/2004 5:49:23 AM PST by Publius6961 (The most abundant things in the universe are hydrogen and stupidity.)
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To: beaureguard; farmfriend
Pong.

FMCDH(BITS)

3 posted on 12/16/2004 5:49:26 AM PST by nothingnew (Kerry is gone...perhaps to Lake Woebegone)
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To: beaureguard

...and once the County takes it, it's off the tax roles.

Santa Cruz (CA) is broke mainly because of the amount
of private land that has 'gone' publik.


4 posted on 12/16/2004 5:51:13 AM PST by sasquatch
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To: beaureguard
More from Nealz Nuze today:

THE SWIFT VETS DID IT

Yesterday at a forum held at the John F. Kennedy school of government at Harvard University, The Poodle's campaign manager, Mary Beth Cahill, said she regrets underestimating the impact of the Swift Boat ads. That may well be true, but then she fibbed: "This is the best $40,000 investment made by any political group, but it was only because of the news coverage that it got where it did." News coverage?

The mainstream media largely ignored the Swift Boat Vets, and tried to bury their story. There was never any call from the mainstream media for an investigation into the charges brought by the Swiftees. The New York Times and most of the broadcast networks regularly reported that the charges brought by the vets were "unsubstantiated" and "proven wrong" when the exact opposite was true. There was scant reporting of the shifts in the official Kerry story line as more and more of the Swiftees charges were shown to carry far more than a grain of truth. The media did everything it could to destroy the Swift Boat Vets and shore up The Poodle. And whatever time the mainstream media didn't dedicate to destroying the Swiftees was dedicated to pushing the phony stories about Bush's National Guard service. If anything, had the press given the Swiftees the coverage their story deserved, Kerry would have been buried even further.

The truth here is that if it weren't for talk radio and Fox News Channel the impact of the Swiftees would have been vastly diminished.

There is no amount of excuse-making on the left that can bury the real reasons for the defeat of The Poodle on November 3rd. Among the many real reasons are:

He is a compulsive liar
He voted for the $87 billion, before he voted against it
He's French
He was a rich woman's pet
He was soft on terror
He was soft on sovereignty Nobody knew what he stood for

If the Democrats really want to know why John Kerry lost the election, they should start there. Because it wasn't just the Swift Boat Vets.

THEY THINK IT, HE SAYS IT

Chevy Chase, the film actor (real first name: Cornelius) spoke at an event at the Kennedy Center being held by the liberal group People for the American Way. So what did

Corny Chase have to say? In a rambling, profanity-laced tirade, he decided it was time to bash George Bush.

He called the President a "dumb ____ " (rhymes with "muck") He also accused the president of starting a jihad. Among his other comments: "This guy in office is an uneducated, real lying schmuck ... and we still couldn't beat him with a bore like Kerry." Well, at least he admits Kerry is a bore.

Even the liberal outfit holding the event distanced itself from his comments. But they are telling, and reflect the frustration of the left and their inability to win very many elections these days. It's going to be a long four years for people like Chevy Chase.

By the way, where does he get off calling George Bush dumb, anyway? I don't think Harvard gives MBAs to dumb people.

5 posted on 12/16/2004 5:56:23 AM PST by Elkiejg (Support our troops & our President)
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Comment #6 Removed by Moderator

To: beaureguard; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; amom; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
7 posted on 12/16/2004 7:35:44 AM PST by farmfriend ( In Essentials, Unity...In Non-Essentials, Liberty...In All Things, Charity.)
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To: oso blanco
Get another Clinton in office with a democrat congress and you can kiss property rights goodbye.

Expect armed revolt.

http://www.uswaternews.com/archives/arcsupply/3ranfeu9.html

Rancher feuds with feds over water, shoots at helicopter

September 2003

U.S. Water News Online

PHOENIX -- Rancher Fred Conway had been feuding with the U.S. Forest Service over water it had taken from his property to fight wildfires last year when he heard a helicopter near his stock pond again.

So he grabbed his shotgun, drove an all-terrain vehicle across his pasture near Punkin Center and tried to wave the pilot away. But the pilot dropped the 240-gallon rubber bucket anyway and Conway fired at it.

He now faces up to a year in jail and $7,000 in restitution if convicted of one count of interfering with the performance of a federal contractor.

``It has a lot to do with water rights,'' Conway said.

The Forest Service and the U.S. Attorney's Office declined to comment on the case, but Don Van Driel, group leader for fire and engineering for Tonto National Forest, said the dispute is unusual.

Forest Service district rangers usually try to assess availability of private water before the fire season begins.

``We try really hard not to use somebody's water without their approval,'' Van Driel said.

Especially in drought years, water is a precious commodity, but it's unclear whether Conway has an inviolable right to the water in his stock pond.

There aren't any black-and-white answers because questions regarding water rights and the value of water are particular to the facts surrounding a case, said Pat Schiffer, chief legal counsel to the Arizona Department of Water Resources.

But other attorneys are more certain.

``It's his water,'' says Michael McNulty, a water attorney in Tucson. ``The government has no more right to take it than to take his dining room furniture.''

Conway says that is why he wants to be compensated.

The Forest Service didn't pay for water used last year, and Conway said he told officials not to come back until he was paid.

He said he tried for months to get the Forest Service to compensate him for the water it drew from his spring-fed pond in 2002, but in frustration he finally called the Tonto National Forest headquarters and told a clerk the agency wasn't allowed to take any more water.

But during the mop-up operations on the Picture fire, which started June 17 and burned 12,500 acres northeast of Conway's ranch, a helicopter pilot saw a flare-up and headed toward Conway's pond.

The pilot, Matt Conant, said he didn't notice Conway on the ground until the second volley of shotgun fire.

``Personally, I kind of feel for the old guy,'' Conant said. ``I'm not the guy trying to throw him in jail. But he still shouldn't be shooting at aircraft.''

8 posted on 12/16/2004 8:31:56 AM PST by adam_az (UN out of the US! - http://www.moveamericaforward.org/?Page=Petition)
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To: farmfriend

BTTT!!!!!!!


9 posted on 12/16/2004 8:47:15 AM PST by E.G.C.
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To: Publius6961
Did something change while I wasn't looking?

Yes, something changed. Good Americans, the ones who believe that politicians are public servants charged to protect the rights of individuals, stopped running for office, they allowed the schools to drop teaching about the founding fathers, the Declaration of Independence, the Constitution and the Bill of Rights. After that, the American people started electing communists to office who don't believe in property rights, individual rights, and the concept that America should stay a country of free people.
10 posted on 12/16/2004 8:51:55 AM PST by hedgetrimmer
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To: beaureguard

Boortz is doing the Lord's work. 'Pod.


11 posted on 12/16/2004 9:02:02 AM PST by sauropod (Hitlary: "We're going to take things away from you on behalf of the common good.")
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Comment #12 Removed by Moderator

To: oso blanco

"I can understand the government taking property in certain situations, as long as the owner is paid just compensation."

In the case of the article I posted - they took the guys water and promised to pay, but never did... ie they stole his water.

He warned them not to steal his water again.

They then came back and stole water via a helicopter with a big rubber bucket hanging from a 100 foot cable.

He proceeded to ventilate said bucket with his shotgun.

Then they tried to claim that he put the helicopter at risk by shooting at something 100 feet away from it - never mind that he was protecting his property by ending their ability to steal water without hurting the helicopter.

Also, they could have just gotten water from Roosevelt Lake BOTH times - it's only 5 mi from his ranch.

Roosevelt Lake is big - at one time it was the largest manmade lake in the world.


13 posted on 12/16/2004 9:37:10 AM PST by adam_az (UN out of the US! - http://www.moveamericaforward.org/?Page=Petition)
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To: beaureguard

Keep your powder dry. The conflict draws ever nearer.


14 posted on 12/16/2004 9:40:59 AM PST by Protagoras (Christmas is not a secular holiday)
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To: Publius6961
Did something change while I wasn't looking?

It depends on how long you have looked away. In the last 54 years, everything has changed.

The country that many who looked away still describe as free, is anything but.

15 posted on 12/16/2004 9:44:14 AM PST by Protagoras (Christmas is not a secular holiday)
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To: Publius6961

http://www.propertyrightsresearch.org/


16 posted on 12/16/2004 10:32:00 AM PST by B4Ranch (((The lack of alcohol in my coffee forces me to see reality!)))
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To: All

This just goes to show that you do not actually own your property, you pay a yearly rent (taxes) to have the privilage to pay for a mortgage and live on the property. If you fail to pay the rent, they kick you off the property and sell it. If they want your property, they will take it, after all it really is their property.


17 posted on 12/16/2004 11:19:20 AM PST by looscnnn ("Live free or die; death is not the worst of evils" Gen. John Stark 1809)
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To: B4Ranch

http://www.eco.freedom.org/el/20041202/


18 posted on 12/16/2004 11:23:11 AM PST by B4Ranch (((The lack of alcohol in my coffee forces me to see reality!)))
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To: beaureguard
The contract with the private developer calls for a price of $8.4 million, and that contract allows Eleanor Brazell to keep the 12 acres on which her home sits. Hall County is only going to pay Eleanor Brazell $6.4 million ... PLUS, they're going to take the 12 acres for her home ... and all of this for a park the citizen's parks board says it doesn't want!

If this were a private company, they would be in violation of anti-trust laws.

19 posted on 12/16/2004 11:25:44 AM PST by <1/1,000,000th%
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To: Publius6961
Nope what you are referring to was a State Supreme Court not the Federal. While the ruling could be looked at by another court as precedence it is not bound by it. If this commission pushes the issue through this poor lady could be royally screwed. Thank goodness Neal has picked it up. That is probably her only chance.
20 posted on 12/16/2004 11:27:51 AM PST by reagandemo (The battle is near are you ready for the sacrifice?)
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