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Family to lose home by eminent domain for Costco store
Boortz online ^ | September 12, 2003 | Neal Boortz

Posted on 09/12/2003 8:56:23 AM PDT by tdadams

YOU FOLKS HAD BETTER BE PAYING ATTENTION TO THIS

I'm going to revisit the eminent domain issue again for a few minutes here so that I can share with you an incredible display of arrogance from an elected official.

As you know, I've been talking about a situation in Alabaster, Alabama where the city council of this community of 24,000 is trying to seize the property of about ten homeowners so that a shopping center featuring a Wal-Mart can be built there. The politicians say that it is perfectly OK to condemn and seize this property for a privately owned shopping center because, after all, the shopping center will generate more tax money than these private homes do.

We are seeing the evolution of a new standard for government seizure of private property. Its very simple. If some politician decides that your property would generate more tax revenue for government if it was owned by someone else, the politician can seize that property from you and turn it over to the government-preferred owner.

For our example of obscene government arrogance we turn our attention to Duncanville, Texas. Duncanville calls itself "A warm community of friends," and "A wonderful place to raise a family." Well, Duncanville may be a wonderful place to raise your family, just so long as some politician doesn't decide that the city could get more tax revenue if your home were to become a Costco.

Deborah Hodge has been living in her Duncanville home for 13 years. The Hodge property has a four bedroom house, a bar, pasture and swimming pool. It has been a family gathering place for over a decade. Just like the city motto says, "A wonderful place to raise your family."

A few months ago the city told Deborah to sell her property. They didn't ask her if she wanted to sell. They told her that she would sell. She would either sell, or they would just take it. The city, you see, wants a Costco store to be built on her land. The Costco would, after all, generate a lot more tax revenue than her little house and barn. So ... Duncanville is using its right of eminent domain to seize the property.

Now ... listen to this. These are the words of Duncanville city manager Kent Cagle. This is what Kent Cagle thinks about private property rights in America. Cagle told the Dallas Morning News "They don't have the option to say no to us. We have made it clear we want that property. The only thing that will be settled in court is how much we have to pay for it."

There is no freedom without property rights. What is it going to take to get Americans upset about this latest craze in local government revenue raising. You just identify the properties that could produce more taxes, seize those properties, and turn them over to developers.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: Texas
KEYWORDS: boortz; eminentdomain; governmentabuse; land; landgrab; privateproperty; property; propertyrights; taxes; texas; tyranny
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To: tdadams
And this differs from some third world country politico nationalizing land and giving it to his cronies in exactly what way???

Third world country is as third world country does.

I would expect this type of behavior in Mexico, not in the United States. Well at least I used to.

41 posted on 09/12/2003 9:26:26 AM PDT by freeeee
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To: pgyanke
You consider that a good point? I don't care whether they offered her $10 million, THEY HAVE NO RIGHT TO FORCE HER TO RELINQUISH HER PROPERTY TO ANOTHER CITIZEN.

Sure they do, if her elected representatives so decide. And she is an imbicile not to take DOUBLE what her house is worth. You scream "her property" like this is the old West, or like that movie "Far and Away". Give me a break. Most Americans stay in the same home for for an average of 7 years. Houses are just commodities. She could have bought a similar one in a nearby area for $400k and had $300k cash left over. Sounds good to me.

42 posted on 09/12/2003 9:27:56 AM PDT by montag813
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To: HurkinMcGurkin
I read about a similar situation in Baltimore. The city wanted to create a riverfront shopping area and a bunch of older houses were snatched up by the city. The mayor's said that the taxes generated by the strip mall outweighed the property taxes paid by the homeowners.

It wasn't fair that all these poor people had such desirable land and did not want to share with the city.</sarcasm off>
43 posted on 09/12/2003 9:27:56 AM PDT by LetsRok
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To: Jonx6
Yeah! What were they thinking? Trying to live on thier own land, the nerve of some people!

Are their ancestors buried in the freakin back yard? Sheesh, buy a new home and pocket the 300 grand.

44 posted on 09/12/2003 9:29:39 AM PDT by montag813
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To: smiley
This is a racket that satarted CA. City fathers raise a big bond issue to build an auto mall, a return-to-custody-facility (parole violaters' resort) and a shopping center. Oh yeah, the developers also give the city a park.

Usually it takes the city 200 years to rationalize the cost of all this hoopla. But in the meantime, another group will come along and the land will be traded back and forth among the city fathers and mothers, who are in and out of office.

Are Americans now to stupid to see that some persons of extremely modest means, are extremely wealthy after several terms on city council? Bond Issues, eminent domain, and development are a very large feeding trough for politicos.

45 posted on 09/12/2003 9:29:52 AM PDT by Kenny Bunk
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To: Flyer
Emails for the Mayor and City Council can be found here: http://www.ci.duncanville.tx.us/city_council.shtm#_Duncanville%20City%20Council%20Members%202001-2001
46 posted on 09/12/2003 9:32:21 AM PDT by Between the Lines ("What Goes Into the Mind Comes Out in a Life")
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To: montag813
The system you describe isn't worth lifting a finger to defend.

Makes me damned glad I didn't serve in the military.

Risk life or limb to defend communism? Pffft.

So what was the cold war about? Communism? Looks like it was just to see who was the biggest bully on the block.

47 posted on 09/12/2003 9:33:58 AM PDT by freeeee
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To: montag813
Houses are just commodities. She could have bought a similar one in a nearby area for $400k and had $300k cash left over. Sounds good to me.

These are your values... she's allowed to have hers.

As far as the "elected representative" comment, they are still constrained by the law. I don't know AL law specifically, but I do know in FL the law only allows eminent domain for the public good (public use) and specifically denies the use for property transfer.

48 posted on 09/12/2003 9:35:25 AM PDT by pgyanke (If America isn't a Christian nation... what is?)
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Comment #49 Removed by Moderator

To: montag813
Houses are just commodities

Young women are just commodities. New ones are born every day, and others die every day. (See my previous post for context to this statement.)

Does the concept of private property mean anything to you? How about the Consitutional protection from taking except in cases of public use? A man's home is his castle; if he has no say in that, tell me: what does he have a say in?

50 posted on 09/12/2003 9:40:02 AM PDT by coloradan
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To: HurkinMcGurkin
Costco-Small Communities.........Now let's see, what's problematic with that? Costco, Walmart, Piggly Wiggly, Krogers, and such don't look for rural farmland to set up shop. They exist entirely on suburban sprawl. That may happen fast in some chronology tables, but it usually takes twenty years to move five miles. I call that pretty easy to spot working it's way to your doorstep.
51 posted on 09/12/2003 9:40:41 AM PDT by blackdog ("But to me Joy means only sorrow, and America is one big Joy ride")
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To: Flyer
http://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=Kent+Cagle+Duncanville+&btnG=Google+Search
52 posted on 09/12/2003 9:41:21 AM PDT by spodefly (This is my tagline. There are many like it, but this one is mine.)
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To: montag813
You know, unfortunatly what you, and people that share your opinion don't realize, is that when something like this succesfully takes place, it sets a precedent making it easier next time.

There is a poem I once heard, that although was focused towards religions, it comes to mind when things like this happen. Just subtitute some of the words in it as approprate, and it relates quite nicely.

"In Germany they first came for the Communists,
and I didn't speak up because I was not a Communist.
Then they came for the Jews,
and I didn't speak up because I wasn’t a Jew.
Then they came for the trade unionists
and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics,
and I didn't speak up because I was a Protestant.
Then they came for me,
and by that time there was no one left to speak up for me."
-Martin Niemoeller German Lutheran Pastor

53 posted on 09/12/2003 9:41:48 AM PDT by ScrtAccess
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To: montag813
She could have bought a similar one in a nearby area for $400k and had $300k cash left over. Sounds good to me.

More like $150 or $200 k cash left over, after taxes. (Gotta pay for government "services" like the seizure of her previous property.)

54 posted on 09/12/2003 9:42:02 AM PDT by coloradan
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To: montag813
Give me a break. Most Americans stay in the same home for for an average of 7 years.

You say this as if the principle of the matter is of no importance whatsoever. That's utterly contemptible.

It is of no relevance what the statistical average is for people staying in one place. Screw the statistical average. Statistical averages is what leftists use to deteriorate our Constitutional rights. It's her home, her property. She, not Costco, is entitled to decide how long she wants to live there and bloody hell if she has justify why.

55 posted on 09/12/2003 9:42:25 AM PDT by tdadams
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To: montag813
Give me a break. Most Americans stay in the same home for for an average of 7 years.

You say this as if the principle of the matter is of no importance whatsoever. That's utterly contemptible.

It is of no relevance what the statistical average is for people staying in one place. Screw the statistical average. Statistical averages is what leftists use to deteriorate our Constitutional rights. It's her home, her property. She, not Costco, is entitled to decide how long she wants to live there and bloody hell if she has justify why.

56 posted on 09/12/2003 9:44:18 AM PDT by tdadams
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To: All
Anyone remember McSoorley's in downtown Manhattan? The single ale house with only one bathroom that refused to sell? In the end, the Manhattan high rise wanting their 1500 square foot pub compromised and built the high rise around the bar and above it. All 80 stories above it. The storefront, bathroom(one) and ale remained as unchanged as the building.
57 posted on 09/12/2003 9:45:28 AM PDT by blackdog ("But to me Joy means only sorrow, and America is one big Joy ride")
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To: tdadams
They are going to mow down the houses and hire illegal aliens to work in the store to sell Chinese products.


58 posted on 09/12/2003 9:46:05 AM PDT by Joe Hadenuf (What don't you understand about the word, "illegal"?)
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To: montag813
Most Americans stay in the same home for for an average of 7 years.

The average human lifespan is 69.32 years. You will some day receive a card in the mail ordering you to report to the nearest biological reprocessing center.

59 posted on 09/12/2003 9:46:23 AM PDT by coloradan
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To: tdadams
This crap won't end until the politicians who pull it, start paying a *PERSONAL* price. Fighting this sort of thing in court is important, but it's not enough. Even if you win, the politician suffered no real consequences, and may try again. The war must be brought home to them.

Don't get me wrong, I'm not (yet) suggesting armed rebellion. Before we reort to that, there are a whole host of nasty, perfectly legal ways, to f*** up a politician's personal life. Take a cue from Operation Rescue: they have forced many abortionists out of business by picketing their *homes* -- now THAT was a masterstroke of true genius, possibly not of human origination. Or, suppose the homewrecking politician's own home is in violation of some pesky community-association standard -- time to file a complaint. Or, suppose the scumbag is having an affair... don't just hire a lawyer, hire a P.I.! Many other such dirty-but-legal tricks can be envisioned -- use your imagination.

Of course, I would never suggest unlawful vandalism or assaults, or anything of that nature. But, if a politician draws a lot of unwanted attention in his own neighborhood, however lawfully it is expressed, he will certainly be haunted by the fear that, "Now they know where I live... my face is known... what if some nutcase decides to...?" Let them sweat -- it serves them right.

Politicians operate in the public realm, expecting scorn and opposition there, but they think they can enjoy their private home life unhindered. Well, it's time to lawfully, peacefully, but oh-so-infuriatingly SHATTER that illusion of sanctuary. Politicians that screw up other people's homes, should never, never, never be allowed to enjoy their own in peace. Quid pro quo.

It won't work if only a few people do it. But it will work splendidly if it becomes a widespread and well known phenomenon, to the point where every politician is afraid to trample on us. (Remember that rattlesnake flag!)

60 posted on 09/12/2003 9:46:29 AM PDT by Rytwyng
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