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Eminent Domain in N.J. - Now They Just Steal Land
NewsMax.com Wires/Star-Ledger ^ | Monday, Oct. 17, 2005 | Star-Ledger

Posted on 10/18/2005 6:20:04 AM PDT by WmCraven_Wk

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To: WmCraven_Wk

OMG! This makes it sound like some of the politicians in NJ are CROOKS!


21 posted on 10/18/2005 7:08:43 AM PDT by green iguana
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To: WmCraven_Wk
...the five-member township committee voted unanimously to authorize the municipality to seize Segal's land through eminent domain and name its own developer, AMJM Development, paving the way for the developer to build 90 or so townhouses on Segal's land...

SCOTUS (mostly Republican nominees) rules against "we the people" in Kelo and our Republican POTUS utters not a sound on the matter.

And some on here think those of us currently unhappy with Bush are the problem...

22 posted on 10/18/2005 7:10:00 AM PDT by WrightWings
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To: WmCraven_Wk
This is nothing more than classic NJ politics (read: Pay to Play). The only thing here that escalates the level of absurdity is the use of Eminent Domain to outright "steal" this fellow's property.

All the other specifics about political connectivity between the developers, the board, the fund raising...all that stuff has been going on in every local municipality for decades. I mean, it's NJ for heaven's sake...what did you expect? Democracy? When did the Star-Ledger wake up? Last week?

NJ sucks, I hate being a resident of a communist/socialist/police/nanny state.

23 posted on 10/18/2005 7:10:01 AM PDT by paulcissa (Only YOU can prevent liberalism.)
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To: Wuli
Segal needs to maintain a lawsuit all the way to what hopefully will be a new Supreme Court eminant domain case.

It'll never make it that far. Union Township doesn't stand a chance here.

24 posted on 10/18/2005 7:11:55 AM PDT by green iguana
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To: WmCraven_Wk

I know a guy who moved to a small town and opened a store, selling certain kinds of things needed by local ranchers. He was doing quite well, and his only competition was a similar store owned by a local man.

The town declared eminent domain and claimed the outsider's property, putting him out of business, ostensibly so that they could install some kind of road bypass. As far as I know the bypass was never put in. The guy who was put out of business found out that the other store was within a few months of going bankrupt until they once again became the only game in town.

This abuse of eminent domain has been going on for years. With the recent Supreme Court decision, crooked politicians know now that they can get away with anything.


25 posted on 10/18/2005 7:17:17 AM PDT by Rocky (Air America: Robbing the poor to feed the Left)
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Comment #26 Removed by Moderator

To: WmCraven_Wk

The town still has to pay "just compensation" for the taking, which would be the market value of the property likely established by the Centex contract, if in fact that was a bona fide deal.

Actually, this is a pretty straight forward land grab by the town and Segal will likely make out just as well either way. Typically, the town would try to depress the land value by limiting use via insidious "ordinances", then try to pay the reduced land value as just compensation only AFTER the landowner brings a case for inverse condemnation. After that is over, the would then revote the ordinances in favor of the developer.

In my opinion, that's the sort of corruption to watch out for in light of the new SC ruling.


27 posted on 10/18/2005 7:20:16 AM PDT by Boatlawyer
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To: WmCraven_Wk

Third World is as Third World does.


28 posted on 10/18/2005 7:22:36 AM PDT by freeeee ("Owning" property in the US just means you have one less landlord.)
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To: Wuli

Agreed.

Even under the corrupt reading of the Constitution provided by the Kelo decision, the notion that there is a 'public purpose' to letting one developer rather than another provide the same increase in tax revenues is absurd.

Giving the SCOTUS the chance to revisit Kelo in an issue where the use of eminent domain is completely indefensible seems like a very good idea.


29 posted on 10/18/2005 8:02:43 AM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know . . .)
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To: Individual Rights in NJ
I agree with you on this, I love my small part of the American Dream up here in Republican Sussex County, but don't you believe that's it's just a matter of time before you and your family are directly impacted by the corruption from Trenton (if you pay your taxes, you already are)?

I too would rather fight; I'm born and raised here..it's my home. Three generations of my family are here.

None of this love for my home means spit when it comes to the cesspool that's been created by the Dems and RINO's in this state. The corruption goes on and on with no end in sight. I don't expect to see that change in my lifetime. I hold myself personally responsible for burdening my children with this legacy if I choose to raise them here. I'm have a hard time finding peace with that.

30 posted on 10/18/2005 8:07:48 AM PDT by paulcissa (Only YOU can prevent liberalism.)
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To: PhilipFreneau
I am usually loathe to advocate violence of any sort, even in a sarcastic tone, on these Threads for fear of getting a Time-out or outright banning, but in this case my blood boils over the arrogance and stupidity of these black-robed clowns in putting forth this (quite obvious to any non-lawyer) Anti-Constitutional ruling.

A pox on them and their children for generations to come.

31 posted on 10/18/2005 8:18:36 AM PDT by DoctorMichael (The Fourth-Estate is a Fifth-Column!!!!!!!!!!!!!!!)
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To: green iguana
"OMG! This makes it sound like some of the politicians in NJ are CROOKS!"

I am from Jersey and you are dead wrong!

Some politicians in NJ are honorable

the down side is they have been dead for years

32 posted on 10/18/2005 9:14:13 AM PDT by SERE_DOC ("9 out of the 10 voices in my head told me to go home & clean my weapons!")
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To: Incorrigible
I think Democrat corruption is simply getting too overt to ignore, even at the Red Star Ledger.
33 posted on 10/18/2005 9:20:48 AM PDT by Question_Assumptions
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To: Individual Rights in NJ
I really wanted them to put New Jersey's motto on our quarter but, alas, it didn't happen. Probably too controversial for the politicians. Our motto is "Liberty and Prosperity".
34 posted on 10/18/2005 9:23:05 AM PDT by Question_Assumptions
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To: Leo Carpathian

Have you ever met a republican from New Jersey? They look and act just like the democratic variety but have less vowels in their name.


35 posted on 10/18/2005 9:25:59 AM PDT by dmartin (Who Dares Wins)
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To: Individual Rights in NJ
"He owns the land, the Constitution is supposed to protect him against chronyism, but it didn't"

You are right "Individual Rights in NJ" but it has been proved that the Constitution can no longer protect us from the Marxist infested dumborat party and their enablers the MSM. Supplied with a never ending stream of new communist molded brains, thanks to government schools, the left can and does get away with just about everything they want.

We did not win the cold war. The communist evil is here on our shores and can be seen at any dumborat meeting, mosque, journalists convention, FairyCon hate fest, Jessy Jackass ryme_a_thon, black congressional caucus, CAIR, hollyweird party, ACLU anti-american meeting, RAP/Hip Hop awards show and on and on and on.

We live in a clearly divided country and while still standing we will continue to waste energy fighting the enemy within.

36 posted on 10/18/2005 9:46:16 AM PDT by Wurlitzer (I have the biggest organ in my town {;o))
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To: The_Reader_David

The real problem is stare decisis - "it is decided", the judicial concept of respect for precedent.

The Kelo decision did not orginate from a vacumn. The unanimous, SCOTUS 1954 Berman v Parker decision opened up the "use" language of eminent domain to "purpose", for the expressed purpose of a Washington D.C. urban renewal project in a depressed slum area. Although that decision specified a restriction to urban renewal in a depressed area, the concept that SCOTUS could arbitrarily modify the term "use", on its own had been given a precedent on which the later Kelo decision was built.

In Kelo, "use" having arrived as already modified as "purpose" was further modified to "benefit", with benefit no more than a public proclamation of the politicians who chose to apply eminent domain to their politically determined purpose.

Liberals call this process the "living constitution" when in fact it is nothing other than the slow, deliberate process by which our Constitution, the Constitution of "we the people", is slowly eroded without our consent, without recourse and replaced with a Constiution dicated by SCOTUS.

It is for this reason that SCOTUS decisions and SCOTUS appointments have become so political, because the locus of our "constitutional rights" has been moved from the public, electoral, political process of amending the Constitution to a dictatorial power in SCOTUS.

Liberals neither trust nor accept the political process to advance their goals. In fact, the law-making history of liberals since the New Deal has been to keep moving policy decisions out of the democratically elected bodies and institutionalize liberal rule-making mandates into unelected regulatory bodies - courts and appointed regulatory agencies.


37 posted on 10/18/2005 10:28:00 AM PDT by Wuli
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To: mr_hammer

ping


38 posted on 10/18/2005 10:40:08 AM PDT by Calpernia (Breederville.com)
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To: WmCraven_Wk

NJ has been pulling this type of stuff for years. Before the SCOTUS decision, they would condemn propterties to take them. Now they are just more brazen about it.


39 posted on 10/18/2005 10:54:17 AM PDT by Calpernia (Breederville.com)
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To: WmCraven_Wk

When that decision first came down I predicted that New Jersey, as the MOST corrupt state in America, would be the biggest and first abusers of people's property rights.
I'm sorry to be right.


40 posted on 10/18/2005 10:54:31 AM PDT by jmaroneps37 (Bring the troops home means bring the war home.)
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