Battle for school site taints day (Eminent Domain threatens Jewish private school)

The Atlanta Journal/Constitution ^ | 9/19/2005 | Paul Donsky

[SJackson]

Thanks. Her district winds into some affluent areas too, doesn't it? Or at least is completely inner city.

[Cecily]

Her district appears to be composed of suburbs of Atlanta, most if not all of which are affluent or at least middle class.


http://www.house.gov/mckinney/d4/geo_desc.htm

[half-cajun]

I remember after the SCOTUS decision on eminent domain, hearing a guy on the radio say, when questioned about the seizure of church property by the state, that it could never happen. I remember thinking, yeah right. However, it is happening sooner than I even thought.

[Blood of Tyrants]

Yes. All they have to do is call the county commissioners and threaten their lives.

[rmlew]

I am not a lawyer, but I do have a legal opinion.

Kelo vs Connecticut has no bearing on this instance of eminent domain.
The relevant part of Ammendment 5 of the Constitution reads:
nor shall private property be taken for public use without just compensation
Education is a public use.
This is appropriation of private religious property for public use, forcing the students to use public schools. Since the forseeable effect would be to infringe on religious practice and education, one could make a first ammendment case.

The Georgia State Constitution provides other avenues.
Article 1, Section 1 (The Georgia Bill of Rights)
If corporate entities in Georgia are treated as persons, Paragraphs II and X are being violated.

Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.
Paragraph X. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed.

As I said earlier, since the forseeable effect is discriminatory, then equal protection is violated.
If the School were treated as a person, then one could argue that eminent domain in this case would amount to a en executive Bill of Attainder.

Paragraph IV is more diractly applicable:

Religious opinions; freedom of religion. No inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.

Of course, these venues may have been closed by prior decisions of the Georgia Courts.

PS. Where is the ADL on this one?

[Cecily]

The school already exists and has existed for some years, so none of these students will be forced to attend a public school. I believe they have been meeting in cramped quarters at the Jewish community center in Dunwoody. This property was purchased so that they could build the campus they have been planning for years.


http://www.ipetitions.com/campaigns/SaveOurProperty/

[rmlew]

I see.
Since the land is undeveloped, then I do not see the school as winning.

[tuckrdout]

Absolutely!

When I lived in Virginia, the enviromentalists were buying up old farms to keep them "wild". The county governments did not really like that. They would like more tax funds coming in.

So, the developers really struck gold with this ruling! Man they can get all church land; private School land; and nature reserves....