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Eminent Domain?

GarMan

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Eminent Domain?
« on: January 08, 2009, 07:29:20 PM »
Any experts out there?
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My rule of life prescribed as an absolutely sacred rite smoking cigars and also the drinking of alcohol before, after and if need be during all meals and in the intervals between them.  - Winston Churchill

Eating and sleeping are the only activities that should be allowed to interrupt a man's enjoyment of his cigar.  - Mark Twain

Nothing says "Obey Me" like a bloody head on a fence post!  - Stewie Griffin

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."  - Ayn Rand

wesfau2

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Re: Eminent Domain?
« Reply #1 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.
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You can keep a wooden stake in your trunk
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And Imma keep a bottle of that funk
To get motel parking lot, balcony crunk.

Kaos

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Re: Eminent Domain?
« Reply #2 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.
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If you want free cheese, look in a mousetrap.

GarMan

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Re: Eminent Domain?
« Reply #3 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...
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My rule of life prescribed as an absolutely sacred rite smoking cigars and also the drinking of alcohol before, after and if need be during all meals and in the intervals between them.  - Winston Churchill

Eating and sleeping are the only activities that should be allowed to interrupt a man's enjoyment of his cigar.  - Mark Twain

Nothing says "Obey Me" like a bloody head on a fence post!  - Stewie Griffin

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."  - Ayn Rand

Saniflush

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Re: Eminent Domain?
« Reply #4 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.
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"Hey my friends are the ones that wanted to eat at that shitty hole in the wall that only served bread and wine.  What kind of brick and mud business model is that.  Stick to the cart if that's all you're going to serve.  Then that dude came in with like 12 other people, and some of them weren't even wearing shoes, and the restaurant sat them right across from us. It was gross, and they were all stinky and dirty.  Then dude starts talking about eating his body and drinking his blood...I almost lost it.  That's the last supper I'll ever have there, and I hope he dies a horrible death."

wesfau2

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Re: Eminent Domain?
« Reply #5 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.
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You can keep a wooden stake in your trunk
On the off-chance that the fairy tales ain't bunk
And Imma keep a bottle of that funk
To get motel parking lot, balcony crunk.

Saniflush

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Re: Eminent Domain?
« Reply #6 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.

« Last Edit: January 09, 2009, 11:26:36 AM by Saniflush »
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"Hey my friends are the ones that wanted to eat at that shitty hole in the wall that only served bread and wine.  What kind of brick and mud business model is that.  Stick to the cart if that's all you're going to serve.  Then that dude came in with like 12 other people, and some of them weren't even wearing shoes, and the restaurant sat them right across from us. It was gross, and they were all stinky and dirty.  Then dude starts talking about eating his body and drinking his blood...I almost lost it.  That's the last supper I'll ever have there, and I hope he dies a horrible death."