We're all on the same side. They all believe in the good just like me. We're just having a talk about what good really means.
We're all on the same side. They all believe in the good just like me. We're just having a talk about what good really means.
Link
Public Use
The third element, public use, requires that the property taken be used to benefit the public instead of specific individuals. Whether a particular use is considered public is ordinarily a question to be determined by the courts. However, if the legislature has made a declaration about a specific public use, the courts will defer to legislative intent (Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S. Ct. 2321, 81 L. Ed. 2d 186 [1984]). Further, "[t]he legislature may determine what private property is needed for public purpose ? but when the taking has been ordered, then the question of compensation is judicial" (Monongahela Navigation Co. v. United States, 148 U.S. 312, 13 S. Ct. 622, 37 L. Ed. 463 [1893]).
To determine whether property has been taken for public use, the courts first determined whether the property was to be used by a broad segment of the general public. The definition of public use was later broadened to include anything that benefited the public, such as trade centers, municipal civic centers, and airport expansions. The Supreme Court continued to expand the definition of public use to include aesthetic considerations. In Berman v. Parker, 348 U.S. 26, 75 S. Ct. 98, 99 L. Ed. 27 (1954), the Court ruled that slums could be cleared in order to make a city more attractive. The Court in Berman stated further that it is within legislative power to determine whether a property can be condemned solely to beautify a community.
State courts have also expanded the definition of public use. The Michigan Supreme Court even allowed property to be condemned for the private use of the General Motors Company, under the theory that the public would benefit from the economic revitalization a new plant would bring to the community (Poletown Neighborhood Council v. City of Detroit, 410 Mich. 616, 304 N.W.2d 455 [1981]).
Public Use
The third element, public use, requires that the property taken be used to benefit the public instead of specific individuals. Whether a particular use is considered public is ordinarily a question to be determined by the courts. However, if the legislature has made a declaration about a specific public use, the courts will defer to legislative intent (Hawaii Housing Authority v. Midkiff, 467 U.S. 229, 104 S. Ct. 2321, 81 L. Ed. 2d 186 [1984]). Further, "[t]he legislature may determine what private property is needed for public purpose ? but when the taking has been ordered, then the question of compensation is judicial" (Monongahela Navigation Co. v. United States, 148 U.S. 312, 13 S. Ct. 622, 37 L. Ed. 463 [1893]).
To determine whether property has been taken for public use, the courts first determined whether the property was to be used by a broad segment of the general public. The definition of public use was later broadened to include anything that benefited the public, such as trade centers, municipal civic centers, and airport expansions. The Supreme Court continued to expand the definition of public use to include aesthetic considerations. In Berman v. Parker, 348 U.S. 26, 75 S. Ct. 98, 99 L. Ed. 27 (1954), the Court ruled that slums could be cleared in order to make a city more attractive. The Court in Berman stated further that it is within legislative power to determine whether a property can be condemned solely to beautify a community.
State courts have also expanded the definition of public use. The Michigan Supreme Court even allowed property to be condemned for the private use of the General Motors Company, under the theory that the public would benefit from the economic revitalization a new plant would bring to the community (Poletown Neighborhood Council v. City of Detroit, 410 Mich. 616, 304 N.W.2d 455 [1981]).
People who consider rock bottom prices as the most important thing, and fail to consider the impact to the other smaller businesses around them, are truely selfish, having no regard for anything but their own wallets. I understand the impact this giant has on small business. I also disagree with their compensation and labor practices.
I will support small local business whenever I can, and feel I pay a fair profit for service and the value that particular business adds to the community. Many of these small mom and pop shops are great community contributors. I do not shop at Walmart or Sam's.
Good for Hercules. They don't want that behemoth in their community, and I agree with them. I also wonder, if when that property was sold, if it was disclosed as being sold to Walmart, of if a third party made the deal on their bahalf. That would be similar to the way the Disney corporation bought all that land in Florida.
I will support small local business whenever I can, and feel I pay a fair profit for service and the value that particular business adds to the community. Many of these small mom and pop shops are great community contributors. I do not shop at Walmart or Sam's.
Good for Hercules. They don't want that behemoth in their community, and I agree with them. I also wonder, if when that property was sold, if it was disclosed as being sold to Walmart, of if a third party made the deal on their bahalf. That would be similar to the way the Disney corporation bought all that land in Florida.
Originally posted by: Starbuck1975
I wonder what types of businesses are considered acceptable by communities of CPA/magicians
They were probably hoping for an IKEA, and its oh so trendy Eurotrash furniture.
That *is* pretty funny, but seriously, you don't believe communities have every right to determine for themselves what sort of businesses can establish themselves within city limits?
techs
Lifer
- Sep 26, 2000
- 28,559
- 4
- 0
The President having the power to disregard laws? The President having the power to spy on Americans in violation of the Constitution?
And people are now upset because a fantastically rich corporation may not be able to build a store where it wants to?
Where are peoples priorities???
waggy
No Lifer
- Dec 14, 2000
- 68,143
- 10
- 81
I am against eminent domain. UNLESS it is going to something like a school, park, road etc. to take private property to be giving to a private business is wrong. While i dislike the idea of using eminent domain to keep walmart out i really can not feel sorry for them. Walmart has abused the law to fit their need.
hopefully this just gets the law taken away. more abuse that is on the news the better.
hopefully this just gets the law taken away. more abuse that is on the news the better.
I think Hercules was OK with WalMart a 60,000 sq feet but I think WalMart was counting on being able to ramrod through their own plan. What is very clear is that the city carefully and meticulously drew up and made public a plan for the area that predates the WalMart purchase.
I guess GenX has ridden the train that chugs through the lands of eminent domain while protesting the liberal who saves a buck at WalMart.
I also do not shop at WalMart because of what they are and how they pay their people. I go to CostCo for a deal.
I also do not shop at WalMart because of what they are and how they pay their people. I go to CostCo for a deal.
People who work at Costco are paid pretty well. I don't have a problem with that program, but then again Costco is not trying to take over the world and ace everyone else out, like Walmart is.
Plus and minuses here.
Walmart is fast becoming the typical retail store. Not so low prices anymore. My local 24hr grocery store often has lower prices than walmart these days. I figured out walmart wants to charge close to but just under $1 for small prices items. Like cracker jacks for .88, off brand dvd's for $1. Their point, every item in the cart just multiply by $1 at the very least. So a cart of 20 small items will cost $20. Thats their goal. And people will pay $1 for things that can be gotten else where for .45 cents.
Also, one complaint I totally disagree with is health care at walmart. Walmart does drive out the little mom and pop stores, but how many 50 or less employee mom and pops offer healthcare for their workers??? Not many. So...whats the point dumping on walmart, as if that mom and pop store could do any better.
Walmart is one place that will and does hire older people. its about the only place I can see folks in their late 60's and into their 70's working. Most places would never hire someone 70 years old. Walmart will. These older folks need jobs too.
Walmart is fast becoming the typical retail store. Not so low prices anymore. My local 24hr grocery store often has lower prices than walmart these days. I figured out walmart wants to charge close to but just under $1 for small prices items. Like cracker jacks for .88, off brand dvd's for $1. Their point, every item in the cart just multiply by $1 at the very least. So a cart of 20 small items will cost $20. Thats their goal. And people will pay $1 for things that can be gotten else where for .45 cents.
Also, one complaint I totally disagree with is health care at walmart. Walmart does drive out the little mom and pop stores, but how many 50 or less employee mom and pops offer healthcare for their workers??? Not many. So...whats the point dumping on walmart, as if that mom and pop store could do any better.
Walmart is one place that will and does hire older people. its about the only place I can see folks in their late 60's and into their 70's working. Most places would never hire someone 70 years old. Walmart will. These older folks need jobs too.
I bet you have no problem with emminent domain being used to steal peoples homes away to build shopping malls, but God forbid it is [legally] used to other way around as well.
Starbuck1975
Lifer
- Jan 6, 2005
- 14,698
- 1,909
- 126
I invite you to take an inventory of all the items in your house and determine how many were made in China...a lot of products are made in China, and gasp, they are sold at places other then Walmart.
There's only two models to build railroads - eminent domain to sieze private land and hand it/deed it to private railroad builders, or AMTRAK-style government owned railroads. PERIOD. It is impossible to buy out enough landowners in a straight line otherwise...
So your choices are either:
A) A government controlled siezure
or
B) A government monopoly
So "libertarian" GenX87, what mechanism do you REALLY APPROVE OF to build and run railroads??? A or B? And if you say A, then you have set the stage for this action against Wal-Mart, if the city can say that it had a valid economic reason (such as expanding the tax base across many retailers to limit risk) for limiting the size of stores. And if you say B - then no more comments about the inefficiencies of government agencies from YOU...
Future Shock
COSTCO has the best retail model in the world at the moment, IMHO. I do ALL my shopping there (almost - I never need more than a small bit of some things like sugar). But the prices are great, and they treat their people with respect - nearly full medical coverage, living wages, and the works. They also have a great mix of brands - you CAN buy Prada handbags at my local COSTCO in northern England, along with Swarovski (sp?) crystal chess sets...and you can also buy dog food by the ton, and meat in economy 12 packs (very good meat too). Their "store label" Kirkwood coffee in 2lb cans is Starbucks-sourced (says so in fine print, and tastes it too). They have crossed a high-volume, high-bulk model with upscale branding, and it's frankly fantastic.
Oh, yeah - why did they do this? Because the founder and CEO of COSTCO is a NICE GUY that when interviewed obviously has his viewpoint much, much longer than next quarter's profits only...like where his brand-image will be in 5 years, and will most of his staff still be working for him then...bright, bright guy. I think Sam Walton was too, but his successors have none of Sam's innate goodness and homespun values, merely the next quarter's profits...
Future Shock
Starbuck1975
Lifer
- Jan 6, 2005
- 14,698
- 1,909
- 126
Apparently there is a market for such crap...but what about the cost savings that Walmart provides on everything from toilet paper to cleaning supplies...for maintaining a household budget, shaving $10 to $30 off weekly household expenses certainly adds up.
Ok, so I've seen several people here mention how "good" Costco is because of their pay and benefits. Could someone please provide "proof" of how "good" the benefits package is vs. just saying that it is good? Beyond that ... take other retailers (Target, Mom and Pop shop's) and show me with real data that the workers currently at WM would be better off working somewhere else.
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