Skip to comments.EDITORIAL: Stopping the government land grab--Virginia moves to limit eminent domain
Posted on 02/28/2011 5:08:02 PM PST by jazusamo
The Virginia General Assembly last week gave its first approval to a constitutional amendment restoring the sanctity of private property in the commonwealth. The measure was made necessary by the reckless 2005 Supreme Court decision Kelo v. New London, which gave towns and cities free rein to grab land for the use and benefit of well-connected developers.
At issue is the power of eminent domain, under which landowners are forced to sell property to the government for public use. Over the years, the Supreme Court has expanded the scope of government takings by redefining public use. Originally, the term was applied to such things as parks, roads or rail lines - all of which were open for use by the entire community. The high court elasticized the concept to include land intended for a public purpose, such as eliminating blight or other catchall categories related to public safety.
The Kelo court went further to rule that economic growth, and the tax revenue that would accrue from it, was sufficient to justify a land grab. By refusing to hear a 2010 appeal called 480 Acres of Land v. United States, the high court effectively gave the green light to jurisdictions that use their regulatory powers to reduce the value of land so that bureaucrats end up paying less in just compensation for the seized land.
(Excerpt) Read more at washingtontimes.com ...
Don’t know why this is not on the front burner of all republican controlled houses, i can understand the US house, they are still owned by k street.
LIBERALS FOE: Im on dartboards all over the country, Virginia Attorney General Kenneth T. Cuccinelli II says. (Associated Press)
Cuccinelli Is an honorable, fearless man. So grateful to have him as our AG.
Relevant to discussino of allodial title in other thread. A freeper contends that with allodial title which was granted to all Americans at the end of the Revolutionary War and stolen back and replaced with Feudal Title, there could be no eminent domain:
Court case warns EPA could ‘own’ your land!
—They are already at it. I “own” 14 acres which are designated wet lands, even though they are wet only during the spring runoff. I am legally restricted from doing anything to that piece of my property, yet I have to pay taxes on it.
==You likely “own” your land in fee simple. Most people confuse fee simple ownership, with the stronger (and far rarer) allodial title. Even allodial title isn’t true ownership - land tenure rights are actually quite limited.
—The vast majority of property is owned fee simple. The EPA ventured onto my property unbidden, roamed about and after which advised me that I could no longer modify the terrain, which, by the way represents 35% of my holdings. So far as Im concerned, this is an adverse taking. Put another way, it is conversion.
==You might find this site interesting: http://www.libertyforlife.com/law/law-allodial_title.htm
Allodial - “Free; not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal.”
In the Treaty of Paris, which ended the American Revolutionary war, the American people were given their lands in “Allodial Title”. Citizens owned all the property free and clear. At some point the U.S. government returned the country to the feudal system of property ownership, forcing an obligation to pay duties / tax.
God save VA.
Many states already HAVE a provision in place that restricts the practice. Some have rules that deter it. Some states don’t care ~ E.G. CT.
Funny....my Husband just told me he wants to go to Virginia on Vacation this September.....NOW, I MAY agree!
I would put the Kelo decision right up there with Dred Scott.
And Roe v Wade. A perfect trifecta assault on Life, Liberty, and Property, all courtesy of the USSC. I should revere these morons, why?
Great news! This will finally put an end to some of the “public/private” developments that are a scourge in Virginia.
If the development can’t be built on it’s own merits, then the taxpayers should not be subsidizing them. This attacks the boondoggles on a different level; making it difficult if not impossible to get the land where the owners don’t want to sell.
>>I would put the Kelo decision right up there with Dred Scott.
>And Roe v Wade. A perfect trifecta assault on Life, Liberty, and Property, all courtesy of the USSC. I should revere these morons, why?
Add in Wickard v. Filburn and Calder v. Bull and you have a pentafecta.
I think read recently that the property seized in “Kelo” years ago has not been “improved upon” by the beneficiary of the court decision for it’s “public purpose” of increasing tax revenues. Does anyone here know any more about that?
“I think [I] read recently that the property seized in Kelo years ago has not been improved upon by the beneficiary of the court decision for its public purpose of increasing tax revenues.”
It has not.
“Does anyone here know any more about that?”
You do know there’s this “thing” called the “internet”... that you’re on right now as a matter of “fact”... that contains “repositories” for “information” such as this for personal discovery of information, right? “Google” is a good start.
(Why are we using so many “quotation marks”?)
Why are we using so many quotation marks?
Just a “nervous” “tick” I get from watching “too many” “Doctor Evil” movies.