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

To: Dead Dog

From the Fith Amendment: "...nor shall private property be taken for public use, without just compensation."

The Supremes have affirmed that "public use" is an unqualified term in the context of the amendment and, therefore, anyone seeking to take land needs no qualifiers as long as they can make a claim to "public use", however tenuous.

I take this opportunity to point out that "just compensation" is a likewise unqualified term in the context of the same amendment and, therefore, anyone having their property taken has every iota of freedom to define "just compensation" as the freedom the Court has now affirmed for defining the term "public use".


431 posted on 06/23/2005 12:23:21 PM PDT by HKMk23 (PROP 65. WARNING: This post may contain ideas known to the State of California to be conservative.)
[ Post Reply | Private Reply | To 423 | View Replies ]


To: HKMk23
Or will the supremes rule that the party making the claim of "public use" also makes the claim "just compensation".

IMO, this is where the amendment process is necessary. The Constitution needs to clearly protect private property rights.
441 posted on 06/23/2005 12:35:03 PM PDT by Dead Dog
[ Post Reply | Private Reply | To 431 | 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