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Keyword: takings

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  • ‘Hanging over us’: Homeowners face uncertainty as I-395 plan ramps up

    04/10/2016 11:03:09 PM PDT · by Tolerance Sucks Rocks · 12 replies
    The Bangor Daily News ^ | April 10, 2016 | Nok-Noi Ricker
    BREWER, Maine — When Ken and Jo-Ann Arbo moved into their home in Eddington 22 years ago, they thought they found the perfect place to live.“I hunt right there. I fish out there. I snowmobile out there,” Ken Arbo said of the woods and fields near the couple’s home. “That is why we moved out there.”Now the Arbos face the real possibility of moving again.Their Lambert Road home is within the path of the controversial I-395/Route 9 connector, a proposed two-lane road from Brewer to Eddington meant to ease heavy truck traffic and improve safety on nearby routes 46 and...
  • Shriveled grapes, shriveled liberty

    04/19/2015 1:59:34 PM PDT · by afraidfortherepublic · 4 replies
    The Washington Post ^ | 4-19-15 | George Will
    In oral arguments Wednesday, the Supreme Court will hear the government defend its kleptocratic behavior while administering an indefensible law. The Agricultural Marketing Agreement Act of 1937 is among the measures by which New Dealers tried and failed to regulate and mandate America back to prosperity. Seventy-eight years later, it is the government’s reason for stealing Marvin and Laura Horne’s raisins. New Dealers had bushels of theories, including this: In an economic depression, prices fall, so a recovery will occur when government compels prices to stabilize above where a free market would put them. So Franklin Delano Roosevelt’s “brains trust”...
  • Gov. Brown signs Martin’s Beach law

    10/07/2014 5:51:25 PM PDT · by Navy Patriot · 34 replies
    San Mateo Daily Journal ^ | October 1, 2014 | Samantha Weigel
    The public’s love affair with Martin’s Beach and efforts to reopen the contested property earned another supporter Tuesday as Gov. Jerry Brown signed a law requiring the wealthy owner to negotiate open access or potentially face a piece of his land being seized by the state. Just hours before the deadline Tuesday, Brown signed state Sen. Jerry Hill’s Senate Bill 968 to force Vinod Khosla and the State Lands Commission to iron out a compromise that will reinstate access to the crescent shaped strip of coast south of Half Moon Bay. If negotiations fail by Jan. 1, 2016, the SLC...
  • Senate votes to drive final stake through Trans Texas Corridor

    05/22/2011 7:35:03 PM PDT · by Tolerance Sucks Rocks · 58 replies
    The Dallas Morning News ^ | May 21, 2011 | Christy Hoppe
    AUSTIN — The ceremony was brief and drew few mourners, but the Trans Texas Corridor is finally dead. The Senate unanimously passed a bill that strikes from state law any language, reference and authority once connected to the massive highway envisioned to slice a swath through Texas. The same measure already has passed the House. There are some minor differences that still need to be reconciled, but the bill is expected to go to Gov. Rick Perry, who will have to decide whether to join in the final rites for his once-prized project. Legislators did keep a provision that was...
  • The Floating Dollar as a Threat to Property Rights

    03/12/2011 7:12:36 PM PST · by Tolerance Sucks Rocks · 17 replies
    Imprimis (Hillsdale College) ^ | February 16, 2011 | Seth Lipsky
    The following is adapted from a speech delivered on February 16, 2011, at a Hillsdale College National Leadership Seminar in Phoenix, Arizona. TO BEGIN, consider one of the most important measures of property, the kilogram. It’s a measure of mass or, for non-scientific purposes, weight. According to the papers last week, a global scramble is under way to define this most basic unit after it was discovered that the standard kilogram—a cylinder of platinum and iridium that is maintained by the International Bureau of Weights and Measures—has been losing mass. You may think that this is impossible. Of all the...
  • At Raleigh Event, Brockovich Vague On Alcoa Dam Controversy

    06/30/2010 9:56:03 AM PDT · by Tolerance Sucks Rocks · 7 replies
    Carolina Journal ^ | June 29, 2010 | Rick Henderson
    RALEIGH — At a press conference Tuesday, environmental activist and celebrity Erin Brockovich offered a rambling defense of the state’s efforts to take control of four central North Carolina hydroelectric dams between Salisbury and Badin owned and operated by Alcoa Power Generating Inc. “My job here today is not to sit here and bash Alcoa,” Brockovich said at a briefing that took place before an invitation-only event for state lawmakers at the exclusive Capitol City Club. “Agencies, industries, and attorneys need to get together collectively and do what’s right by people,” she added. “It’s time to … give back, and...
  • Boycott GM Products, Until in Private Hands

    06/01/2009 10:20:19 PM PDT · by bioqubit · 23 replies · 923+ views
    na ^ | june 2, 2009 | bioqubit
    The fact that we have been ignored so long means other methods are required. http://boycottgm.wordpress.com/2009/06/02/boycott-general-motors-for-the-sake-of-america/ That is the link to a petition to Congress saying we will boycott GM products until the company is back in private hands. What more do they need to know? so little has been said about how Obama's thuggery violates the takings provisions of the 5th amendment. Since the cretinoids we voted in can't get a clue, we start here.
  • Colorado ranchers pray for death of `death' tax

    02/21/2009 7:54:52 AM PST · by george76 · 41 replies · 1,211+ views
    Associated Press ^ | Feb 20, 2009 | ALYSIA PATTERSON
    For Dale Allee, a second-generation cattle rancher in southern Colorado, the idiom that nothing is certain but death and taxes is now a reality. "I just turned 80 last week. You know what that means? That means I'm not going to be around here very long, and somebody's going to have to pay those taxes," said Allee, who fears federal estate taxes will thwart his plans to pass his 4,200-acre Pueblo County ranch to his children. Land-rich but cash poor, Western ranchers are lobbying Washington to exempt them from the estate tax, which can force heirs to sell their inheritance...
  • Takings Cases Linger

    01/02/2009 3:28:14 AM PST · by jsh3180 · 2 replies · 721+ views
    Key West Citizen ^ | Timothy O'Hara & Rob Busweiler
    Takings cases linger Appeals opinion could cost $15M By TIMOTHY O'HARA AND ROB BUSWEILER Citizen Staff Monroe County may have to spend at least $15 million to buy nearly a dozen pieces of Florida Keys properties because the government's land-use regulations rendered them undevelopable, according to a court opinion issued Wednesday. The 3rd District Court of Appeals decision overturns two property-rights cases, one that favored Monroe County and one that favored the city of Marathon, both rendered by 16th Judicial Circuit Judge David Audlin. In the former, Audlin ruled against Thomas Collins and 10 other property owners who sued the...
  • Hage takings case victory

    06/06/2008 10:55:27 PM PDT · by marsh2 · 12 replies · 258+ views
    e-mail from Stewards of the Range ^ | 6/6/2008 | Margaret Byfield
    The compensatory ruling from the Court of Claims in the Fifth Amendment Takings case of grazer Wayne Hage was finaly handed down after 17 years. Hage's heirs were awarded $4,220,431.20 plus interest from time of Takings plus attorney costs. Property takings on so called federal land included: improvements of springs and wells; water use rights; roads; fences; irrigation ditches. Takings for cattle impoundment and taking of the "entire ranch" were denied. The 18 page ruling should be posted on the Stewards of the Range website soon. https://www.stewards.us/
  • A Warning for Property Owners (Boulder, CO)

    11/12/2007 6:44:32 PM PST · by beaversmom · 132 replies · 737+ views
    My Fox Colorado ^ | Novmeber 5, 2007 | TAMMY VIGIL
    <p>BOULDER -- A warning for property owners. A little-known law could allow a trespasser to take your property without paying a penny for it.</p>
  • What does it take to embarrass detailed but deadbeat Street? (Dems not paying taxes)

    09/29/2007 6:52:56 AM PDT · by Kid Shelleen · 3 replies · 107+ views
    Philadelphia Daily News ^ | 09/27/07 | Stu Bykofsky
    IN A WEEK that saw real-estate tax increases go out to hundreds of thousands of Philadelphians, we learned that John Street failed to pay real-estate bills sent out by the government he heads. In a Philly first, he seemed to be dissing himself. In Monday's Daily News, Chris Brennan revealed that Street didn't pay real-estate taxes going back to 2004 on two of four properties he owns in North Philadelphia.
  • A War of Words (Thomas Sowell)

    05/28/2007 9:09:22 PM PDT · by jazusamo · 29 replies · 1,251+ views
    Townhall.com ^ | May 29, 2007 | Thomas Sowell
    Tuesday, May 29, 2007 It has long been recognized that those on the political left are more articulate than their opponents. The words they choose for the things they are for or against make it easy to decide whether to be for or against those things. Are you for or against "social justice"? A no-brainer. Who is going to be for injustice? What about "a living wage"? Who wants people not to have enough money to live on? Then there is "affordable housing" and "affordable health care." Who would want people to be unable to afford to put a roof...
  • Terminating Global Warming, Energy Dependence or Private Property Rights?

    07/09/2006 6:25:09 AM PDT · by intl trader · 3 replies · 2,067+ views
    In this article, the ITSSD examines whether the Western Governors' Clean Energy Plan, which is intended to terminate the phantom menace known as global warming, is actually another back-door’ environmental regulatory ‘takings’ regime that will benefit some at the expense of others.
  • Judgment Day for Eminent Domain (McClintock SCA 15 up for vote)

    08/30/2005 11:40:19 AM PDT · by calif_reaganite · 5 replies · 779+ views
    OC Register ^ | 8-30-05 | OC Register
    Judgment day on eminent domain The state Senate Judiciary Committee today likely will vote on several measures that would curb alarming abuses of eminent domain by California cities and redevelopment agencies. Local governments routinely take property from homeowners and small-business owners and transfer it to large corporations that promise a huge tax windfall to cities that are willing to trample on property rights. A U.S. Supreme Court decision in June - Kelov. City of New London(Conn.) - ruled in favor of such takings, but the public backlash has spurred efforts in most states, including California, to put some limits on...
  • John Roberts: A Supreme Property Rights Disaster In The MakingMore Kelo on the SCOTUS horizon?...

    08/19/2005 8:41:48 PM PDT · by FReethesheeples · 139 replies · 3,598+ views
    A Supreme Property Rights Disaster In The Making More Kelo on the SCOTUS horizon?... [James S. Burling] 8/15/05 After a term marked by the Supreme Court’s utter contempt for property rights, those of us who happen to think there is something special about allowing old widows to keep their homes were not prepared for an even more bitter defeat. Yet, that is what President Bush handed us with the nomination of John Roberts. The battle over property rights is not a conservative versus liberal thing. It’s more a struggle between those who believe in the power of the state to...
  • “Mad Max” Stands with the Right. A Left-Right coalition for property.

    08/08/2005 9:32:28 AM PDT · by .cnI redruM · 10 replies · 860+ views
    NRO ^ | August 05, 2005, 7:37 a.m. | Rich Lowry
    Rep. Maxine Waters (D., Calif.) probably won't take her place among the great economists Friedrich Hayek and Milton Friedman as a conservative hero. Actually, she never will. But the famously fire-breathing left-wing congresswoman from Los Angeles has emerged in recent weeks as one of the nation's most outspoken defenders of property rights. "Government should be in the business of protecting private property," she told me in an interview, sounding every bit a member of the free-market group the Club for Growth. "Private property is precious in America." What has galvanized Waters and a surprising left-right coalition in defense of private...
  • Homeowners stand firm despite high-court ruling. 'They'll have to rip us from our property'.

    06/29/2005 5:17:08 PM PDT · by DaveTesla · 78 replies · 1,813+ views
    Worldnetdaily.com ^ | June 29, 2005 | WorldNetDaily
    Michael Cristofaro, one of the Connecticut homeowners on the losing end of the Supreme Court's recent decision allowing a city government to seize residents' property for a private development, says his family and the six others are not about to give up their fight. Michael Cristofaro "If all fails, we'll chain ourselves to our houses," Cristofaro told "Joseph Farah's WorldNetDaily RadioActive." "They'll have to rip us apart from it. We'll fight them tooth and nail." Cristofaro's family has lived in New London, Conn., for 43 years, but the 5-4 ruling last week allows the city to push ahead with its...
  • Speaker creates committee to develop eminent domain guidelines for state [Florida]

    06/27/2005 12:22:30 PM PDT · by Brilliant · 6 replies · 435+ views
    Palm Beach Post ^ | June 25, 2005 | Alan Gomez
    TALLAHASSEE — Expressing concerns about a U.S. Supreme Court decision that broadened governments' rights to use eminent domain proceedings to take private property, Florida House Speaker Allan Bense on Friday created a committee to develop guidelines about when and where the proceedings can be used in the state. The action follows Bense's vote two months ago in support of a state subsidy for a new Florida Marlins stadium, a project that may displace about 100 Miami residents through eminent domain proceedings. The project ultimately did not receive the state subsidy. Bense also tapped Rep. Marco Rubio, R-Miami, one of the...
  • Va. Lawmakers to Bar Home Seizure for Private Uses

    06/26/2005 12:28:12 PM PDT · by FreeKeys · 139 replies · 4,607+ views
    WTOP Radio News ^ | June 25, 2005 | Bob Lewis
    RICHMOND, Va. (AP) - Shocked at a U.S. Supreme Court ruling that allows cities to raze homes so developers can build private hotels, malls and office parks on the land, state lawmakers called for legislation to ban the practice Friday. The high court split 5-4 in a Connecticut case Thursday that under the Fifth Amendment, municipalities could take private property for private development because the project in question met a public purpose: creating jobs and revenue. But in an impassioned dissent, Justice Sandra Day O'Connor wrote that the court majority had forsaken the middle class and gutted the American principle...
  • Clarence Thomas as Chief Justice

    06/25/2005 12:34:04 PM PDT · by n-tres-ted · 100 replies · 1,897+ views
    Memo On The Margin ^ | June 25, 2005 | Jude Wanniski
    Memo To: President George W. Bush Cc: Karl Rove From: Jude Wanniski Re: The “Taking Clause” Erased To be honest, Mr. President, until the Supreme Court on Thursday announced its 5-to-4 decision limiting the property rights of all Americans, I assumed that upon the retirement of Chief Justice Rehnquist you would not name Justice Clarence Thomas to fill that vacancy – and that you would probably be wise to avoid the controversy his nomination would bring. But after reading Justice Thomas’s dissenting opinion in the New London, Conn. case, I think his wisdom, his judgment and his perspective so clearly...
  • An Open Letter to Justice Kennedy

    06/25/2005 9:50:56 AM PDT · by Congressman Billybob · 121 replies · 2,502+ views
    Special to FreeRepublic ^ | 24 June, 2005 | John Armor (Congressman Billybob)
    Dear Justice Kennedy, I agree with what you wrote, this week. No, I don’t mean your part in the decision that any government can take anybody’s house, any time. We’ll get back to that reprehensible case. No, I agree with your speech to the Florida Bar Association last Friday. Most folks don’t pay much attention to Justices’ speeches on the rubber chicken circuit. I do. As usual, the Associated Press title was misleading. It said, “Lawyers Must Defend Judiciary from Attacks.” What you actually said was, “When judges are attacked unfairly, it’s proper for the bar over the course of...
  • Utah Bans Eminent Domain Use by Redevelopment Agencies

    06/24/2005 7:54:55 AM PDT · by JCEccles · 69 replies · 1,611+ views
    The Heartland Institute ^ | June 1, 2005 | Henry Lamb
    Utah Gov. Jon Huntsman Jr. (R) on March 17 signed into law Senate Bill 184, effectively preventing the exercise of eminent domain authority by redevelopment agencies, which otherwise had the power to transfer land from one private entity to another. Local governments may still use eminent domain for more traditionally defined and understood "public purposes." First State Legislature to Act Utah appears to be the first state to take legislative action to curb the use of eminent domain by local governments. The use of eminent domain by local governments has grown over the past 30 years as cities have taken...
  • FRA (Federal Railroad Adm) order reflectors on locomotives and freight cars

    03/09/2005 5:50:05 PM PST · by tahiti · 11 replies · 463+ views
    Trains Magazine | April 2005 | unknown
    In the 1990's, officials worried that motorists couldn't see approaching trains well enough and mandated installation of "ditch lights" on most locomotives. Now, the concern is that drivers can't see the middle of trains. The Federal Railroad Administration has ordered railroads to attach white or yellow reflective materials to the sides of locomotives and freight cars. The reflective-material regulation is intended to make railroad equipment more visible at highway crossings. Almost one-quarter of grade-crossing accidents occurs because motorist ram the sides of moving trains, according to the FRA. Roughly 20% of the country's freight-car fleet is already equipped with reflective...
  • Eminent domain fought

    02/24/2005 2:57:19 PM PST · by Tolerance Sucks Rocks · 40 replies · 1,072+ views
    The Washington Times ^ | February 21, 2005 | Associated Press
    NEW LONDON (AP) — Fifteen houses are all that remain of Fort Trumbull, a once vibrant immigrant neighborhood flattened into expanses of rutted grass and gravel. The homes stand in defiance of New London's plan to pave the way for a riverfront hotel and convention center, offices and upscale condominiums. Refusing the city's efforts to get them to leave, seven families are going before the U.S. Supreme Court tomorrow, arguing that the city has no right to take their private property solely for economic development. The rebellious homeowners include an elderly Italian immigrant, a mechanic and a former deli owner....
  • Eminent Domain Considered For Novus (in St. Louis Suburb - Facsist at work)

    01/15/2005 1:36:41 PM PST · by tahiti · 8 replies · 671+ views
    In Rock Hill: (a St. Louis Suburb City) Eminent Domain Considered For Novus (Novus is a developer) by Linda Jarrett The Rock Hill Planning and Zoning Committee voted to recommend allowing Novus Companies to use eminent domain under Chapter 353 of the Missouri code in acquiring properties on the northwest side of the Manchester/McKnight roads redevelopment area. Acting City Administrator Don Cary told the Times that while Tax Increment Financing (TIF) allows the same process, using Chapter 353 keeps the "TIF clock" from starting. He said that once the "tear down" begins, the TIF clock starts and the city has...
  • New York State Assembly Passes More Stringent Wetlands Rules

    12/10/2004 1:11:30 PM PST · by xcamel · 4 replies · 249+ views
    Onerous wetlands legislation passed the Assembly without opposition on April 19, and went to the Senate, where the Conservation Committee later passed the bill (A7905/S4480-A). The passage by the Senate Conservation Committee was deemed to be a political calculation under the assumption that the bill would be tied up in a subsequent committee, but the unanimous [Yes] vote in the Assembly by minority Republicans who had introduced bills to add protections for landowners was a surprise. Click here
  • How Eminent Domain Has Been Allowed To Run Amok in Port Chester, New York

    09/10/2004 2:54:55 PM PDT · by bdidden · 9 replies · 595+ views
    http://www.ourlawsuit.com ^ | 8/22/2004 | Bart A. Didden
    How Eminent Domain Has Been Allowed To Run Amok To The Detriment Of Property Owners and Village Residents dateline: Port Chester, NY August 22, 2004 In 1999, the Village of Port Chester signed an agreement, the Land Acquisition and Disposition Agreement (LADA) with G&S Investors to develop the area at South Main St. East to the Byram River. The agreement also provided for a small area of vacant land and three buildings on North Main Street (our property) that was not contiguous to the South Main Street development. Unbeknown to us we had 30 days to file a suit in...
  • A victory for the little guys

    07/28/2004 7:58:21 PM PDT · by hedgetrimmer · 10 replies · 535+ views
    WilsonCountyNews.com ^ | Jul 27, 2004 12:10 PM | Wilson County News
    Far too often, Texas and American farmers and ranchers have felt that courts have ignored their private property rights. When it’s been the case of “man vs. insect,” courts have ruled time after time for the insect, leaving farmers, ranchers, and other entities with land they couldn’t use, develop, or sell. In other words, land that was rendered virtually worthless. The same held true when private property was “taken” for public projects. More than likely, landowners were not fairly compensated, and land they did retain was often devalued or worse yet, destroyed. Well, something commendable happened on the way to...
  • Eminent domain hearings beginning

    03/29/2004 11:15:43 AM PST · by Modernman · 10 replies · 265+ views
    HeraldTribune.com ^ | 3/29/04 | Jamie Manfuso
    CHARLOTTE COUNTY -- The county commissioners embarked on their bold Murdock Village project -- spending more than $20 million on land for that effort so far -- based on an assumption. A circuit judge, they wagered, would allow the county to seize properties from owners who didn't want to sell their land for the redevelopment. They could soon find out if they were right. The first condemnation hearing for the 1,100-acre project is scheduled to begin today, before Circuit Judge William Blackwell. At issue in the hearings are 106 parcels -- mostly undeveloped single-family lots -- in the far western...
  • Protecting Private Property Rights from Regulatory Takings

    03/17/2004 3:32:33 AM PST · by I Am Not A Mod · 4 replies · 198+ views
    Cato ^ | 3/27/04 | Testimony of Roger Pilon
    "2. Breathe New Life Into the Takings Clause" "The Fifth Amendment's Takings Clause reads: "nor shall private property be taken for public use without just compensation." As presently interpreted by the Court, that clause enables owners to receive compensation when their entire estate is taken by a government agency and title transfers to the government; when their property is physically invaded by government order, either permanently or temporarily;(2) when regulation for other than health or safety reasons takes all or nearly all of the value of the property;(3) and when government attaches unreasonable or disproportionate permit conditions on use.(4)" "Although...
  • You Think You Own Your Property?....Not in Boulder

    08/22/2002 8:37:01 AM PDT · by Kevin Kelley · 29 replies · 424+ views
    Media and Policy Review ^ | 8/21/02 | Kevin Kelley
    Hey, it's nothing personal. The City of Boulder (Colorado) will be filing for legal condemnation against Pollard Motors (30th & Pearl) in an effort to leverage them off their property. But fret not.....it's for a "transit village", along with affordable housing. Isn't that nice? Not only that, the condemnation will not be a hostile act....they're going to be nice about it, according to council. As reported in the Camera....City Councilman Tom Eldridge said the condemnation preparations are not meant to be hostile, but simply send the message that the city is serious in its intent to buy the property. By...
  • Oregon Socialists continue toy train building spree

    06/29/2002 3:28:59 PM PDT · by Jack Black · 6 replies · 186+ views
    The Oregonian ^ | 6/30/2002 | Janet Christ
    Tram foes lose out in airspace opinion 06/26/02 JANET CHRIST The Portland city attorney's office says that airspace over a street is part of the right of way and that the city has the right to lease the surface and air. The opinion is the city's position on a petition filed this week by property owners along Southwest Gibbs Street. They don't like that the airspace above their street is a potential alignment for a recommended aerial tramway. The chief deputy city attorney, Linda Meng, said an Oregon statute gives the city the right to lease the right of way,...
  • Hinton, West Virginia: Government Land Grab

    05/13/2002 1:00:31 PM PDT · by Jason_b · 15 replies · 284+ views
    american policy center ^ | April 30, 2002 | Tom DeWeese
    < snip > They learned that the West Virginia Highway Department would take all of the land from the road to the river and all the land of "equal scenic value" from the road to the toe of the mountain. The highway department would then give the land to the National Park Service (NPS). This was being done to compensate NPS for any of its lands that would be affected by the Parkway. Now the folks along the New River understood why there was an armed guard at the door. As the devastating impact of the plan began to dawn...
  • ACTION ALERT: Senate Vote TODAY, 4-25, on Fed Control Of Land Rights

    04/25/2002 5:30:47 AM PDT · by Freedom'sWorthIt · 45 replies · 409+ views
    AmericanLandRightsAssociation.org Alert ^ | 4-24-02 | American Land Rights Association
    **ALERT!** Federal Zoning Vote! THIS THURSDAY, April 25, the bill to mandate land use zoning by the federal government across the United States will be voted on!!!!This is the same bill that was brought up for a vote two weeks ago, but pulled from consideration at the last minute. The land-grabbers have regrouped, and are trying again!Senate bill 975 - S. 975 - will be voted on in the Senate Environment and Public Works Committee Thursday afternoon. The grassroots made the difference and turned away the bill two weeks ago - NOW it is time to do it again!!!YOU MUST...