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Property Owner Wins Eminent Domain Battle
Fox News ^ | 7/04/2005 | report by FOX News' Jeff Goldblatt.

Posted on 07/04/2005 4:30:29 PM PDT by tryon1ja

ROMULUS, Mich. — The sign at the edge of Romulus, Mich. (search) proclaims: "Industry and its citizens working together." But try convincing cabinet shop owner Ed Hathcock.

snipe.

Hathcock's property abuts Detroit's airport where the county had planned a 1,300-acre industrial park. But when Hathcock turned down the county's buyout offer, the local government made a play to take his land to use on the project.

The Supreme Court of the United States (search)' recent ruling that local governments can seize private property for private economic development has put the affected property owners across the country in a fighting mood, but those in favor believe taking property is justified if it suits the public good.

snipe

The majority of landowners accepted Wayne County's buyout offer for the industrial park, but Hathcock claims he got a raw deal.

So the county took him to court to seize his land, wielding its power of eminent domain (search). Hathcock lost in two lower courts but won a ruling last year in Michigan's Supreme Court.

"Every American believes that ... they have sanctity in their land, that holding land is a right and that it's not a right that can be alienated by a politician because he feels he has a better use for it," Hathcock said.

Hathcock's victory reversed two decades of legal precedent in Michigan and made the state's eminent domain laws among the strictest in the nation. For a government to take land from a private property owner, it has to be for public projects only, such as road construction or for parks.

snipe

... A company says, 'Do I locate in China or do I locate in the Midwest? What are the advantages that I have?' One of the biggest advantages is being able to assemble land," Fiacano said.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Extended News; Front Page News; Government; Miscellaneous; News/Current Events; US: Michigan
KEYWORDS: eminentdomain; kelo; tyranny
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Not everyone agrees with the Supreme Court
1 posted on 07/04/2005 4:30:30 PM PDT by tryon1ja
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To: tryon1ja

A company says, 'Do I locate in China or do I locate in the Midwest? What are the advantages that I have?' One of the biggest advantages is being able to assemble land," Fiacano said.
---

What a poor argument. Glad this guy won. Most people will sell their homes for 20-30% more than they are worth. Wallmart doesn't seem to have trouble building anywhere and they don't use eminent domain.

articles, commentaery, links.. etc..
http://www.neoperspectives.com/scotuspropertythieving.htm

In china they have 'medievel battles' with rioting peasents cuz the thieving government steals their land.


2 posted on 07/04/2005 4:35:01 PM PDT by traviskicks (http://www.neoperspectives.com/janicerogersbrown.htm)
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To: HiJinx; Spiff; Da Jerdge; MJY1288; xzins; Calpernia; TEXOKIE; Alamo-Girl; windchime; Grampa Dave; ..

A win for the Constitution!


3 posted on 07/04/2005 4:35:44 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: tryon1ja

>>>>One of the biggest advantages is being able to assemble land," Fiacano said.

Sorry Fiacano. I believe it is the prison labor in Jia Yang that attracts the companies to China. There is no loss of land in the USA.


4 posted on 07/04/2005 4:38:50 PM PDT by Calpernia (Breederville.com)
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To: traviskicks

The Indians at the Mt. Pleasant Casino don't seem to have too much trouble buying up the land along the highway in front of their site. Most of the housing row has disappeared in a very short time. The don't use anything but cash.


5 posted on 07/04/2005 4:39:48 PM PDT by tryon1ja
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To: Calpernia

I am also sure the government in China would make every effort to make the land available.


6 posted on 07/04/2005 4:41:59 PM PDT by tryon1ja
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To: tryon1ja
"Every American believes that ... they have sanctity in their land, that holding land is a right and that it's not a right that can be alienated by a politician because he feels he has a better use for it," Hathcock said.

I don't know about every American believing that, but Mr. Hathcock is absolutely correct.
Our Constitution should be amended so that property ("Land") is free of any and all taxation (fed, state and local), and eminent domain forbidden and banned.



"Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny" --- Patrick Henry

7 posted on 07/04/2005 4:42:14 PM PDT by jla
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To: tryon1ja

Correction, except for greedy developers and crooked city councilmen, hardly anyone agrees with the Supreme Court.


8 posted on 07/04/2005 4:43:56 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: jla

I don't know about every American believing that, but Mr. Hathcock is absolutely correct.
Our Constitution should be amended so that property ("Land") is free of any and all taxation (fed, state and local), and eminent domain forbidden and banned.

I agree whole heartly. I am retired on a fixed income. Every year my taxes go up. I feel like I am paying rent to live here because if I can't pay my taxes the state will evict me. I know there are numerous steps in between but the message is still the bottom line. I have to pay to live on my own land. I can only hope that there is enough left over each year to keep my taxes up.


9 posted on 07/04/2005 4:48:30 PM PDT by tryon1ja
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To: Calpernia

As a conservative I have a real problem with American companies doing business in China. There's nothing capitalist about it.

China simply seizes the land, arrests those who protest the seizure and forces them to work in the factories built on the land. Those people aren't stupid and they know who makes the money off their misery.


10 posted on 07/04/2005 4:48:57 PM PDT by cripplecreek (I zot trolls for fun and profit.)
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To: Blood of Tyrants

Correction, except for greedy developers and crooked city councilmen, hardly anyone agrees with the Supreme Court.

I am beginning to think that "for life" appointments are not such a good thing when it comes to the SC. I think some of us get past a point in age where good dicisions are still made. Not every 80+ person can make good decisions anymore. It seems like there should be some sort of a test to make sure the people making the decisions can still make an informed dicision.


11 posted on 07/04/2005 4:53:11 PM PDT by tryon1ja
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To: cripplecreek

I believe the Chinese governmetn actually leases land to a majority of the peasents. So they just break their leases with the peasents.

But look at it this way, if you seize 'leased' land from peasants and you yourself 'lease; it from the government than the same thing can happen to you.

Capitalism requires ownership and the equal rule of law. In china, in at least some cases, there isn't either.

However, in the US we don't own our land either because we pay rent (property tax) to the government. Lodial titles are the only nontaxable land and I think they are quite difficult to get, although more common out west.


12 posted on 07/04/2005 4:54:59 PM PDT by traviskicks (http://www.neoperspectives.com/janicerogersbrown.htm)
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To: tryon1ja

BTW, I think this is the same Jeff Goldblatt who is a Freeper and who has a book, "Africa Speaks."


13 posted on 07/04/2005 4:55:56 PM PDT by LS (CNN is the Amtrak of news)
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To: tryon1ja
The Michigan Supreme Court didn't. I like to see eminent domain used against our elites so they can develop an appreciation for the importance of property rights. They can come with just about any claim to take away a little guy's home now. Just because something is legal doesn't necessarily make it right.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
14 posted on 07/04/2005 4:56:18 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: cripplecreek

China simply seizes the land, arrests those who protest the seizure and forces them to work in the factories built on the land. Those people aren't stupid and they know who makes the money off their misery

Amen!


15 posted on 07/04/2005 4:57:11 PM PDT by tryon1ja
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To: tryon1ja
It seems like there should be some sort of a test to make sure the people making the decisions can still make an informed dicision.

I agree. The test is "Can You Read....the Constitution?"

FMCDH(BITS)

16 posted on 07/04/2005 5:00:14 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: goldstategop

The Michigan Supreme Court didn't. I like to see eminent domain used against our elites so they can develop an appreciation for the importance of property rights. They can come with just about any claim to take away a little guy's home now. Just because something is legal doesn't necessarily make it right.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

Fortunately, the Michigan Supreme Court is a conservative court. Most of the members seem to have a great outlook on the way things need to be.

(I think Denny Crane is right on)


17 posted on 07/04/2005 5:00:57 PM PDT by tryon1ja
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To: tryon1ja

I think at 75 they ought to be forced to retire. Earlier if they show signs of dimentia.


18 posted on 07/04/2005 5:02:23 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: traviskicks
Wallmart doesn't seem to have trouble building anywhere and they don't use eminent domain.

Walmart certainly does use eminent domain. They're among the worst users of it. They did right down the road from me.

19 posted on 07/04/2005 5:02:42 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: LS

Nah, the Africa Speaks author is Mark Goldblatt.


20 posted on 07/04/2005 5:02:56 PM PDT by Oschisms
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