Posted on 09/25/2006 8:12:58 PM PDT by Coleus
For 3 1/2 years, Long Branch residents fighting to keep their homes out of the city's oceanfront redevelopment plan mostly battled alone.
That changed yesterday.
The state public advocate and a national constitutional rights advocacy group will lend their legal muscle to the residents of MTOTSA -- Marine Terrace, Ocean Terrace and Seaview Avenue -- as they appeal a ruling allowing their oceanside homes to be given to a private developer though eminent domain. "As of today, this neighborhood is ground zero in the fight against eminent domain abuse, not only in New Jersey but across the nation," said Chip Mellor, president of the libertarian Institute for Justice.
The institute has provided some guidance for the bloc of Long Branch residents in the past, but it said it now will become the co-counsel of one of the homeowners' attorneys in the ongoing legal battle. Additionally, state Public Advocate Ronald Chen said his office will appear as a "friend of the court" for the residents because he feels the policy of taking private land for public use needs to be reformed.
This marks the first time the Department of the Public Advocate, re-established by Gov. Jon Corzine in January, has joined an eminent domain case. Since shortly after taking office in March, Chen has visited Long Branch, Lodi and Camden and has held discussions with state and local officials to investigate the use of eminent domain for private development.
In May, he issued a report recommending reforms.
"The facts in this case raise serious concerns regarding whether these homeowners received fair treatment throughout this process, and I believe it is appropriate for the Appellate Division to review this case," Chen said at a news conference yesterday in the neighborhood.
(Excerpt) Read more at nj.com ...
This needs to go back to the supreme court.
this needs to get fixed- or no one will truly own their home again.
It's so unconstitutional that it frightens me to think the Supreme Court had the bald-faced brass to do it...but they were not the Supreme Court of America. They were following European Law over U.S. Law.
Hopefully, the 2 new appointees can make a difference and even more, I hope Pres. Bush can get at least one more in.
I also hoping that the ones that voted for it, sees how it is being abused and helps fix things.
I don’t think this Eminent Domain issue needs to go back to any court.
If property owners just started following Article 1 Section 10 of the U.S. Constitution this whole issue will be nipped in the bud and never come up again.
Article 1 - The Legislative Branch
Section 10 - Powers Prohibited of States
“No State shall...make any Thing but gold and silver Coin a Tender in Payment of Debts…”
If a homeowner’s property is valued at $300,000 by a State wishing to declare Eminent Domain on said property, then the owner just demands compensation in Legal Tender of Gold or Silver since it now has become a State issue of payment of a debt instead of a Federal Government declaration of Eminent Domain.
At present a (1 ozt.) U.S. Silver Eagles have a LEGAL TENDER VALUE of $1 and a (1 ozt.) U.S. Gold Eagles has a LEGAL TENDER VALUE of $50.
If the owner demanded payment in Legal Tender Silver the State would, under the U.S. Constitution, have to fork over 300,000 silver eagles which have a Federal Reserve Note (FRN) value after today’s market close of 11.23FRN/ozt., or a melt value of 3,369,000 FRN.
If the owner demanded payment in Legal Tender Gold the State would have to fork over 6,000 gold eagels which have a FRN value after today’s market close of 592FRN/ozt., or a melt value of 3,552,000 FRN.
That is just compensation. One commodity, gold or silver, for another – PROPERTY.
If the Federal Government declares Eminent Domain on a property then it is another issue since Federal Reserve Notes were made legal tender for Federal Government Debt by the U.S. Congress. As far as I know Article 1 Section 10 has not been repealed from the U.S. Constitution and still remains law for all debt payments by States.
It is folly to invest hope in the hoplessly liberal Bush
money talks and b.s. walks as they say.
I'd say you aptly chose your moniker as claptrap
It was a pre-Bush appointees to the SCOTUS that made this ruling.
Further, nows that is HAS been made, it's up to the individual states - and the people thereof - to pass their own laws prohibiting this abomination of land grabbing...of redistribution of the wealth, ala socialism. It is not up to ANY president.
Has everyone, you included, succumbed to the 'claptrap' that the federal gov't should do everything - that we should all just sit back and either LET or EXPECT Washington to take care of our every need?
It is still a relatively free country. We still have the right and the power to control this through our own state government...if we can't get off our kiesters and get this put through in our own states, then we have only ourselves to point fingers at.
But I forget - everything is Bush's fault...
That's a pretty inane argument to make, one you wouldn't have the balls to make in fron tof the sullened faces of the owners of the properties in question, because you'd sound like a kook.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.