Homeless have right to reclaim property

San Francisco Chronicle ^ | 9/6/12 | Bob Egelko, Chronicle Staff Writer

[SmithL]

A city that seizes homeless people's property from a street or sidewalk must preserve it so that the owner has a chance to reclaim it, a federal appeals court ruled Wednesday.

"The government may not take property like a thief in the night; rather, it must announce its intentions and give the property owner a chance to argue against the taking," the Ninth U.S. Circuit Court of Appeals in San Francisco said.

The 2-1 decision, which has statewide implications, upheld a federal judge's order last year that allowed residents of Los Angeles' Skid Row to leave personal possessions on the sidewalk during brief absences to eat or use a restroom. Police could seize the property only if it was hazardous or appeared to have been abandoned, the court said, but must leave notice of where it was taken and give the owner up to 90 days to retrieve it.

[autumnraine]

Man, you are out of touch. Mental illness is rampant amongst the homeless. When you can’t think straight, who is going to hire you? Or are you reliving the 40’s when they had menial labor jobs away from the public?

[Paradox]

It is a good ruling. Private property is protected from unlawful seizure no matter its value or the circumstances of the owner.

Absolutely. Anytime a ruling comes down in FAVOR of private property, its a good thing, no matter who it is.

[hoosierham]

And the mentally challenged having menial labor jobs away from the public was actually MORE COMPASSIONATE than having them living on the street in constant fear.

[pallis]

Be sure and disinfect it first. Store in an open space where the wind blows.

[autumnraine]

I agree, but a lot of people here would cry and scream about public assistance for them, and still complain that they are homeless.

My point was that not every homeless person is capable. Even the alcoholics are usually self medicating through other mental issues.

It’s a sticky subject, and a sad one.

[maine-iac7]

agree

[Talisker]

I have nothing against homeless, but in this country if you are homeless, there is something very wrong with you. You cannot be an able bodied, able minded individual and become homeless unless you are lazy!

You are DEAD wrong, a fool and a hypocrite.

[unixfox]

No, no, no! not you! I’m talking about the 9th Circus.

[Talisker]

Prolly talking cardboard boxes and blankets and such. Hey, that was MY box with the Tide logos on it, I want it back.

You know, there are a lot of bankers and millionaires who feel the same way about you and your little shack and all the cheap trinkets in it, as well as that ridicuous little pile of petty cash you call your savings account.

[JRandomFreeper]

Wouldn't be the first time, and sometimes the label is correct. ;).

Thought I'd ask to clarify.

/johnny

[Defiant]

OK, it’s their property, but when it’s left on a city sidewalk, and especially if it is disgusting, it should be cleaned up. They ought to take it to an impound yard for storage and charge $50 for collection fee and $20 a day for impound fee. Or can I park my car free on the sidewalk now?

[JRandomFreeper]

Might want to tone down the rhetoric. Personal attacks are frowned on.

I'd prefer to think 'uninformed' or 'fortunate'.

I spent 3 years from 2003 to 2006 homeless.

I had re-enlisted after 9/11, packed up all my stuff into storage after the ex decided she didn't want to be married to a GI, and spent some time on the road with my Uncle.

I had no place to call my own, and everything I carried with me fit in 2 duffle bags.

When I came back, I had to rely on the kindness of friends and relatives to have a couch to sleep on, or slept in the truck, until my old home place became available again.

Homeless happens to people with paychecks (slow as the reserves can be with them).

/johnny

[sagar]

Sorry that you were homeless, but you pulled YOURSELF out of homelessness. That is the difference. You were not the permanent homeless underclass, because you realized that all you had to do is to remain in the right direction and you will be out of a bad situation. My point is that in America that is possible to anyone with sound mind and body.

However, the vast majority of homeless people are not like you. Do you deny? They are lazy people who get used to living off daily scraps... and they get free food, so why even bother? Plus, I am sure whatever pan handling/stealing they do, they spend on drugs/gamgling.

My gripe is against the permanent homeless underclass who drag society under them by destroying public areas and devaluing property value, not situational homeless who are on the right track.

[sagar]

I am curious to know how I am “wrong, a fool and a hypocrite.”