Tigers X - Number one Source to Talk Auburn Tigers Sports

The Library => Haley Center Basement => Topic started by: GarMan on January 08, 2009, 07:29:20 PM

Title: Eminent Domain?
Post by: GarMan on January 08, 2009, 07:29:20 PM
Any experts out there?
Title: Re: Eminent Domain?
Post by: wesfau2 on January 08, 2009, 08:52:11 PM
Any experts out there?

Not an expert, but here's what I know:

1) You must be paid a fair price (subject to much debate)

2) There is now precedent for a taking if someone else stands ready to put the property to a more productive (economically speaking) use that will benefit the community.
Title: Re: Eminent Domain?
Post by: Kaos on January 09, 2009, 01:20:47 AM
Not an expert, but here's what I know:

1) You must be paid a fair price (subject to much debate)

2) There is now precedent for a taking if someone else stands ready to put the property to a more productive (economically speaking) use that will benefit the community.

#2 is a dangerous precedent. 

I want to open a pawnshop near a casino.  That will benefit the community.  Can I get the land siezed from the rednecks in the trailer?  That would be a good location.
Title: Re: Eminent Domain?
Post by: GarMan on January 09, 2009, 11:02:45 AM
Not an expert, but here's what I know:

1) You must be paid a fair price (subject to much debate)

Consider this...
Local gubm'et is widening street in front of your property installing traffic lights, stop signs, storm drains and sidewalks. 
 - They want to purchase a small strip of land from you...  (I can deal wiff dat.)
 - They want to install a drainage culvert with an 18" pipe and redirect waterflow collected by these new storm drains from the other side of the street onto your property.  (I have a real problem wiff dat.) 

I've already met with the slimy agent negotiating the offer and the "PE" responsible for the project.  The "PE" is a real pencil dick who didn't have much to say...  "The county's practice is to redirect runoff into 'natural' areas."  Of course, my concern is the downstream affects caused by this redirected runoff.  I suspect it will become an eminent domain issue if I refuse to proceed.  What happens then?  Will they condemn and take my entire property?  Fishizzle...
Title: Re: Eminent Domain?
Post by: Saniflush on January 09, 2009, 11:06:55 AM
  "The county's practice is to redirect runoff into 'natural' areas."  Of course, my concern is the downstream affects caused by this redirected runoff. 

This sounds like a high probability for soil erosion to me.  Doesn't sound very "green".  Maybe the hippies finally got something else right besides the FOIA.
Title: Re: Eminent Domain?
Post by: wesfau2 on January 09, 2009, 11:14:58 AM
I suspect it will become an eminent domain issue if I refuse to proceed.  What happens then?  Will they condemn and take my entire property?  Fishizzle...

Most likely no.

They aren't allowed to take more than is necessary to accomplish their legitimate government purpose.
Title: Re: Eminent Domain?
Post by: Saniflush on January 09, 2009, 11:23:12 AM
Most likely no.

They aren't allowed to take more than is necessary to accomplish their legitimate government purpose.

Which in this case is giving you the federal pound you in the ass treatment.  This is the first step of your reeducation.