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COURT-OK'D THEFT; IF JUDGES WINK AT POLITICIANS' LAND GRABS...
NY POST ^ | January 14, 2007 | BART DIDDEN

Posted on 01/14/2007 5:22:44 AM PST by Liz

The U.S. Supreme Court may have ruled that private property could be taken for public benefits like jobs or taxes, but what about for outright extortion? Can my private property be taken because I refused to pay off a private developer who wanted land I owned and planned to develop? As remarkable as it sounds, two federal courts in New York already allowed what amounts to outright eminent-domain extortion. In 2003, a developer approached my business partner and me, saying we could either pay him $800,000 or give him a 50 percent interest in a business we were about to develop, or he would cause the Village of Port Chester to take our property through eminent domain.

Outraged, we refused. The very next day, Port Chester condemned our property. (Both sides' attorneys were present when we turned down that offer - and attorneys, as officers of the court, must tell the truth. My attorney will swear this is what occurred and the developer's attorney has never once refuted my account of what transpired. What's more, the developer admitted in a court document that he made this offer.)

And if you think this abuse of power couldn't get more outrageous, consider this fact: I had an agreement to develop a pharmacy on my land, and had a plan fully approved by the town government. So what is the favored developer going to put up if he gets his way? A pharmacy. The same exact use, only one developer (him) has political connections while the other developer (me) has nothing but a deed to the property and constitutional rights that are supposed to be protected by the government, not abused by them.

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


TOPICS: Editorial; Extended News; Government
KEYWORDS: eminentdomain
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1 posted on 01/14/2007 5:22:47 AM PST by Liz
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To: Liz

This sounds like it's straight-out Mafia stuff.


2 posted on 01/14/2007 5:24:04 AM PST by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the RINOs in terror before me.)
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To: Liz

I hope Souter is happy and able to sleep at night. Too bad his house in NH hasn't been turned into a hotel yet.


3 posted on 01/14/2007 5:32:20 AM PST by Paladin2 (Islam is the religion of violins, NOT peas.)
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To: A Balrog of Morgoth

Nothing but a shakedown---and the court upheld it.

How many more con artists will be replicating the shakedown MO?


4 posted on 01/14/2007 5:33:49 AM PST by Liz (Nearly all men can stand adversity, but to test a man's character, give him power. Abe Lincoln)
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To: Paladin2


They should have applied to turn Souter's place into a brothel, catering exclusively to politicians---the salivating pols would have approved it hands-down.


5 posted on 01/14/2007 5:36:07 AM PST by Liz (Nearly all men can stand adversity, but to test a man's character, give him power. Abe Lincoln)
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To: Liz

Now that the Republican Party has failed it's time to move to the Consitution Party. We won't win many elections at first but remember your history: in the 1850s the entrenched Whigs sneered at the new Republicans.

Time for a new conservative party.


6 posted on 01/14/2007 5:37:11 AM PST by kjo
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To: Liz

I wonder if these private owners have a connection if any, to the developer?


7 posted on 01/14/2007 5:40:50 AM PST by sirchtruth (No one has the RIGHT not to be offended...)
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To: kjo; Liz
Now that the Republican Party has failed it's time to...

The Conservative Party is the ally of unchecked leftism. The Conservative party cannot get Alito and Roberts justices confirmed. The "Failed Republicans" -DID-. Scalia and Thomas will wither away, and Hillary etal will cement their power as you guys pat yourselves on the backs for moral victories.

8 posted on 01/14/2007 6:06:04 AM PST by sam_paine (X .................................)
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To: Liz

Thanks for posting. Very interesting. More here...http://www.cvs4pcny.com/


9 posted on 01/14/2007 6:07:54 AM PST by PGalt
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To: kjo
Now that the Republican Party has failed it's time to move to the Constitution Party. We won't win many elections at first but remember your history: in the 1850s the entrenched Whigs sneered at the new Republicans.

George Bush the First failed the Constitution when he subjected the cops in the Rodney King case to double jeopardy. Now if you believe that the intent of the Framers of the Constitution, was to have every crime defined multiple ways, then they knew protection from Double Jeopardy was a joke, and therefore they knew the who Constitution is a joke.

The Constitution is a joke as long as Civil Rights laws are on the books, because as seen with Double Jeopardy, they trump the Constitution. Civil Rights laws also trump Property Rights. Your property rights under the Constitution are a joke, because the government can use Civil Rights laws to mean anything they want, and trump the Constitution.

If you do not believe that Civil Rights laws trump property rights, try selling, or not selling, your property, from a plate of scrambled eggs and bacon, to your house, to who ever you choose, or choose not to.

10 posted on 01/14/2007 6:20:09 AM PST by Mark was here (You are guilty of something when you do it, proving your guilt is something else.)
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To: Liz

No comment that wouldn't get me banned or worse.


11 posted on 01/14/2007 6:45:32 AM PST by Graymatter
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To: Mark was here

George Bush did that? Personally? How? Where? From 1992?


12 posted on 01/14/2007 6:59:21 AM PST by NonValueAdded (Pelosi, the call was for Comity, not Comedy. But thanks for the laughs. StarKisses, NVA.)
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To: Liz
The original intent of the Fifth Amendment only restrains the Federal government in eminent domain takings. Kelo allows the states to pass protections against eminent domain more stringent than the Fifth Amendment. Several did. Were the author a true constitutionalist, he would blame the State of New York instead of the Federal government.

This case is an abomination, prescient of what is to come across the nation unless the people wake up.

13 posted on 01/14/2007 7:00:00 AM PST by Carry_Okie (The Grovelnator: fashionable fascism, one mirage at a time.)
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To: Carry_Okie

I thank God every day that I don't live in New York.


14 posted on 01/14/2007 7:08:36 AM PST by Hoodat ( ETERNITY - Smoking, or Non-smoking?)
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To: Liz

Michigan's 1981 "Poletown" decision taking land for "public benefit" instead of "public use" was cited in Didden's "white paper" (linked on cvs4pcny site).

That "Poletown" ruling was reversed by the Michigan Supreme Court (July 30. 2004) here...http://courts.michigan.gov/supremecourt/Clerk/Opinions-03-04-Term/124070.pdf


15 posted on 01/14/2007 7:10:03 AM PST by PGalt
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A clear case of extortion.


16 posted on 01/14/2007 7:11:04 AM PST by webboy45
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To: sam_paine
The Conservative Party is the ally of unchecked leftism.

I think many of these holier than thou conservatives are actually DU operatives agitating to cause divisions in the conservative movement. After all it worked so well in the last election.

17 posted on 01/14/2007 7:11:53 AM PST by oldbrowser (This war isn't over until it's OVER.)
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To: Mark was here; kjo; sam_paine; Liz
We won't win many elections at first but remember your history: in the 1850s the entrenched Whigs sneered at the new Republicans.

If I remember my history correctly there was a little thing called slavery that was the nexus for the formation of the Republican Party.

I don’t really see an issue like slavery out there to rally a new power base political party around. Property Rights I don’t think has the force of gravity about it that slavery did, it just is not going to draw huge numbers of people. The number of people affected by eminent domain seizures is not that great.

I agree with “Mark was here” when he says that both parties have abandoned the Constitution. But then the Constitution was abandoned pretty much as soon as it was ratified.

18 posted on 01/14/2007 7:18:29 AM PST by Pontiac (All are worthy of freedom, none are incapable.)
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To: Liz

The "Poletown" reversal came in the lawsuit against the Pinnacle Aeropark Project...part of The State of Michigan's own Michigan Economic Development Corporation (MEDC) "smartzones" here...
http://www.michigan.org/medc/smartzones/szsum/pinnacleaeropark/index.asp

It's no wonder why Michigans economy is faltering. "Smartzones" and "coolcities" are terms that would make Richard Florida proud.


19 posted on 01/14/2007 7:19:47 AM PST by PGalt
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To: oldbrowser
I've seen some bizarro stuff lately. Most importantly nutters claiming that the Republican Big Tent is unacceptable because it includes unholy abortionists and "fags." Thus, it is better, in their minds, to let the government fall completely to the heathen leftists and leave them "completely clean," than to ally with someone on consensus conservative economic policies or libertarian 2nd/1st amendment principles who might be a poofter.

In other words, would've been better to avoid dealing with Stalin in WWII and just taken our lumps then from the Germans. I guess.

Maybe they are DUmmies. But I'm afraid they're for real.

20 posted on 01/14/2007 7:19:49 AM PST by sam_paine (X .................................)
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