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Thread: At what point do we start pitching tea......

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    rattler's Avatar
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    into the harbor?

    High court OKs personal property seizures
    Majority: Local officials know how best to help cities


    WASHINGTON (AP) -- -- The Supreme Court on Thursday ruled that local governments may seize people's homes and businesses -- even against their will -- for private economic development.

    It was a decision fraught with huge implications for a country with many areas, particularly the rapidly growing urban and suburban areas, facing countervailing pressures of development and property ownership rights.

    The 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

    As a result, cities have wide power to bulldoze residences for projects such as shopping malls and hotel complexes to generate tax revenue.

    Local officials, not federal judges, know best in deciding whether a development project will benefit the community, justices said.

    "The city has carefully formulated an economic development that it believes will provide appreciable benefits to the community, including -- but by no means limited to -- new jobs and increased tax revenue," Justice John Paul Stevens wrote for the majority.

    He was joined by Justice Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

    At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

    Susette Kelo and several other homeowners in a working-class neighborhood in New London, Connecticut, filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.

    New London officials countered that the private development plans served a public purpose of boosting economic growth that outweighed the homeowners' property rights, even if the area wasn't blighted.

    Justice Sandra Day O'Connor, who has been a key swing vote on many cases before the court, issued a stinging dissent. She argued that cities should not have unlimited authority to uproot families, even if they are provided compensation, simply to accommodate wealthy developers.

    The lower courts had been divided on the issue, with many allowing a taking only if it eliminates blight.

    "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," O'Connor wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."

    She was joined in her opinion by Chief Justice William H. Rehnquist, as well as Justices Antonin Scalia and Clarence Thomas.

    someone i know on another board posted thi:

    Quote Originally Posted by [b
    Quote[/b] ]This supreme court decision has really got me pissed today.

    Let me just throw this scenario out:

    In the PR of Kalifornia, we passed Prop 13 years back that basically freezes property tax assesments at the value at which you purchased the house. In theory, those assesment values can only go up when the property is transferred.

    Many homes in my home area have been owned by the same people for many years. I could use my parent's home as an example. They paid $60,000-ish for it in the 70's. It is now worth about $750,000 to $800,000 on the conservative side. Imagine that the city decides that it wants to realize more property tax revenue, they claim the property under emminent domain, sell it, and reap the benefits of the higher assesed value. After all, it's for the public good.

    Further, in KA, redevelopment areas are structured so that much more of the property tax revenue stay with the city, as opposed to going to the county and state. Do you think there might be some incentive for cities to start new "redevelopment areas" all over the place?

    We are fighting a big battle with the city government now over a ranch that has been in my family for generations. The city wants to take it and turn it over to a developer, even though that property is not addressed in the city's master plan. I think our case just got much weaker.
    Government in this country just got much scarier!
    cervid serial killer
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    I didn't get stimulated but he kept his promise on change, that's about all I got left!
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    endparenthesis's Avatar
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    So what can't they seize now?

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    Stay chooned in for more! Clint's Avatar
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    only our souls....

    dun dun dun the plot thickens

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    I posted this a little earlier, and asked you in my thread which box we are now on.
    My Grow List

    "We are just an advanced breed of monkeys on a minor planet of a very average star. But we can understand the Universe. That makes us something very special." -- Stephen Hawking

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    rattler's Avatar
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    good question..........the supreme court is an appointed bunch. soap box aint going to help prolly wind up with you property siezed if you live in the wrong area, ballot box more or less got us into the mess, jury box: what good is it if the SC can over turn it...................which box does that leave?
    cervid serial killer
    Know guns, know peace, know safety. No guns, no peace, no safety
    I didn't get stimulated but he kept his promise on change, that's about all I got left!
    http://www.wolfpointherald.com/--http://www.safety-brite.net/

  6. #6

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    Quote Originally Posted by [b
    Quote[/b] (rattler_mt @ June 23 2005,3:08)]good question..........the supreme court is an appointed bunch. soap box aint going to help prolly wind up with you property siezed if you live in the wrong area, ballot box more or less got us into the mess, jury box: what good is it if the SC can over turn it...................which box does that leave?
    You don't, perchance, live in a 10' x 10' shack in the woods, do you? [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile.gif[/img]
    My Grow List

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    rattler's Avatar
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    LOL! no a 10'x10' is no where big enough for all my junk and plants. i do live out in the country for the simple reason that i didnt care for the way the city council and powers that be treat my parents.

    in all actuality i dont think its time to open up the ammo crate. if things dont start to change though it may happen sooner than later. The Patriot Act, the was the feds are treating the states that legalized medical marijuana, this SC ruling. things are going down hill my friends and the worst part of all of it as far as personal rights and everything else the USA is still the best place out there. our one saving grace is that i really dont think this SC ruling will hold up well in the court of public opinion. if you start taking away ppls homes and livly hood the powers that be are quite likely going to disappear, either through the ballot box or through the ammo box. never underestimate the desperate man with nothing left to loose: take away his familys roof, take away his buisness that puts his familiys food on the table and the crap will hit the fan. on a good note i do believe the vast majority of the judges in the SC are in their 70's, they shouldnt be around much longer. however that only works if judges with a good head on their shoulders are appointed to replace them. its kinda like the presidency these days. those who should be in office dont want it due to the public scrutiny, and those who want the office probably shouldnt be in there.................
    cervid serial killer
    Know guns, know peace, know safety. No guns, no peace, no safety
    I didn't get stimulated but he kept his promise on change, that's about all I got left!
    http://www.wolfpointherald.com/--http://www.safety-brite.net/

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    rattler's Avatar
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    the funny thing about the SC vote on this is that: the liberals AKA "the friends of the little man" AKA Democrats where the ones that passed this. the conservitives AKA "friends of buisness" AKA Republicans where the ones who voted against it. shows you cant blaim everything on the other party cause the vote should have gone the opposite way if they voted "along party lines"
    cervid serial killer
    Know guns, know peace, know safety. No guns, no peace, no safety
    I didn't get stimulated but he kept his promise on change, that's about all I got left!
    http://www.wolfpointherald.com/--http://www.safety-brite.net/

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