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The Limits of Property Rights
New York Times ^ | June 24, 2005

Posted on 06/24/2005 3:23:50 PM PDT by ken21

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To: durasell

that's a good question.


i don't know about that specifically.

however, i have read of 20th property takings by corporations under questionable circumstances. i'm thinking specifically of a book by kai byrd "chairman mccloy". mccloy was a lawyer for an expensive law firm, and he was involved with taking the pensions of railroad workers.

it's a fascinating book. mccloy was in a lot of presidential administrations, a cfr guy, etc.


41 posted on 06/24/2005 4:13:16 PM PDT by ken21 (the u.s. supreme court just elected a republican president in 2008!)
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To: ken21

posted elsewhere and repeated...

I don't like the ruling and believe it is a bad turn of events for municipal governments to take property for private development, but.....

It has been the way of America for a very long time, at least 150 years.

The railroads aquired all their right ow ways by the eminent domain process and they were very private corporations. The same is true for the electric power companies. The process has great precedent


42 posted on 06/24/2005 4:14:07 PM PDT by bert (Rename Times Square......... Rudy Square. Just in.... rename the Washington Post March??)
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To: EagleUSA
It is Pandora's Box for the citizenry of this country.

Except that the wealth is being sucked into government, not allowed to escape.

43 posted on 06/24/2005 4:14:39 PM PDT by firebrand
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To: SierraWasp

Any state can pass legislation or a constitutional amendment to prevent this abuse. In California, it will probably require a Proposition, since we can't count on CA legislature to do the will of the people.


44 posted on 06/24/2005 4:16:35 PM PDT by Dog Gone
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To: ken21

This thing only happened yesterday. I'm not up to speed on it...but it does remind me of Robert "maniac/visionary" Moses and his impact on NYC...


45 posted on 06/24/2005 4:20:33 PM PDT by durasell (Friends are so alarming, My lover's never charming...)
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To: durasell
Naa I don't think you are a troll. You are kinda right about the railroads after the unCivil War. However the railroads were a public project for the common good and were for the most part constitutional. Were there abuses? Lord yes, the Jesse James legend comes to mind. but for the most part it was legal and constitutional.
46 posted on 06/24/2005 4:22:25 PM PDT by Bar-Face (Impeach John Paul Stevens, Anthony Kennedy, David Souter, Ruth Bader Ginsburg and Stephen Breyer)
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To: Dog Gone

yes, you are right.


tom mcclintock was on kfi just last hour, saying he wants to enshrine judge thomas' statement as law.


just today on klbj a texas state legislator was saying that either gov. perry addresses this issue in the current reconvened legislature, or his opponents will.

texas has strong property rights inclinations.


47 posted on 06/24/2005 4:23:11 PM PDT by ken21 (the u.s. supreme court just elected a republican president in 2008!)
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To: firebrand

Except that the wealth is being sucked into government, not allowed to escape.
------
Exactly right -- and it amounts to SOCIALISM positioning itself to fund itself...think about it. IMHO, this is by design, not by happenstance...


48 posted on 06/24/2005 4:23:50 PM PDT by EagleUSA
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To: durasell

yeah, i read that book 30 years ago.

unfortunately the book is used by radical left professors to undermine american society.


49 posted on 06/24/2005 4:25:02 PM PDT by ken21 (the u.s. supreme court just elected a republican president in 2008!)
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To: Americanexpat
"Who decides what is a fair compensation for a family's home?"

After 4, or 5 generations, the home, or business location for that matter, may become a priceless historic monument for the family and maybe even the "Communutty!!!"

I'm waiting for the SCOTUS decision when the irresistabel force collides with the immovable object and the historical society takes the redevelopment agency all the way back to revisit this stupid decision!!!

I will literally laugh my A$$ off!!!

50 posted on 06/24/2005 4:26:15 PM PDT by SierraWasp (Arnold Schwarzenrenegger is Cauleeforneeah's Greenievenator!!! He's infected with GANG-GREEN!!!)
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To: ken21

A bill has already been introduced in the Texas legislature. Governor Perry doesn't want it to distract the finance legislation that he called the session for, but I have no doubt it will pass here in Texas pronto.


51 posted on 06/24/2005 4:26:31 PM PDT by Dog Gone
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To: Dog Gone

The ballot initiative won't work the will of the people any better than the legislature! We passed Prop 187 to slow illegal immigration and the courts thwarted it!!! (Gray Davis helped thwart it... he was the wart part of thwart, ya know)


52 posted on 06/24/2005 4:29:29 PM PDT by SierraWasp (Arnold Schwarzenrenegger is Cauleeforneeah's Greenievenator!!! He's infected with GANG-GREEN!!!)
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To: Dog Gone

that's exactly why i feel this issue will blossom in the minds of many americans. the republicans can capitalize on this.

people of all social classes this morning were focused on this one issue. everyone knows people who have had property taken wrongly.


53 posted on 06/24/2005 4:29:35 PM PDT by ken21 (the u.s. supreme court just elected a republican president in 2008!)
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To: Bar-Face

What about the Civil War? Plantations broken up during reconstruction? Not familiar with that...


54 posted on 06/24/2005 4:30:09 PM PDT by durasell (Friends are so alarming, My lover's never charming...)
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To: ken21
the republicans can capitalize on this.

Has the administration taken a stance on this?
55 posted on 06/24/2005 4:35:40 PM PDT by ARCADIA (Abuse of power comes as no surprise)
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To: ARCADIA

not that i've heard, but i haven't been near a radio since this morning. (yes, there are already some on this forum criticizing the president.)

the president gave a speech this morning.


56 posted on 06/24/2005 4:37:38 PM PDT by ken21 (the u.s. supreme court just elected a republican president in 2008!)
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To: ARCADIA
The GOP can capitalize on this



I just noted that in another thread that Kelo can now be equated to judicial activism in terms ordinary people can understand, as a counter punch to the Dems equating judicial activism to Roe v Wade.

My hesitation is that I read the the WH was about to submit an amicus brief in favor of New London, but ultimately didn't. It could be that the WH is ok with this decision.
57 posted on 06/24/2005 4:43:38 PM PDT by sirthomasthemore (I go to my execution as the King's humble servant, but God's first!)
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To: Mamzelle
I suppose the next thing is that my state will decide that they can invest my savings better than I can, and therefore gain more in income taxes--and then they'll seize my savings? That's the same theory, as far as I can tell.

I'm wondering about patents and copyrights that could be more effectively used by promoters. Once you open the door to real estate can other property be far behind ?

What ever happened to "Of the people, by the people, for the people" ?

Now it is "Of the state, by the state, for the state". Get used to it.

58 posted on 06/24/2005 4:43:44 PM PDT by oldbrowser (You lost the election.....get over it.)
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To: Americanexpat
I just see blood being shed over these actions before it is all over.

I do too. Since the floodgates are opened, these siezures will start occuring everywhere. There will likely be mayors, town council members, attorney's etc. that will be killed by people with nothing left to live for.

Think about it, you get "fair market value" for your home that was likely just condemned as blighted. What's that mean? 50 cents on the dollar? Even if you get 100% of the value, the gov't is going to slap you with capital gains. People could be wiped out, specially if it was a revenue generating business. If you're 65, just lost your business, lost most of it's value in capital gains and you're out on the street with limited income potential, you might just blow your cork and start popping the aholes responsible. Not suggesting I would do it, nor would I condone it. I don't condone the siezing of private property either. Until actions have real life consequences, gov't will trample roughshod over its subjects.

59 posted on 06/24/2005 4:44:30 PM PDT by Malsua
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To: ken21
And if I recall correctly, the NYT Headquarters stands on land taken by the city from a private owner and given to the paper.

Highest and best use sort of thing, of course.

60 posted on 06/24/2005 4:45:19 PM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopeckne is walking around free)
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