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When is eminent domain acceptable to you?
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I see more abuse of eminent domain than good. The only good I can think of is a city that NEEDS to expand it's roads and then all of the business owners sell their property to the city for more than the going property value for like real estate but some idiot who wants to get as much as he can asks for 10x that amount just to abuse the situation. The reason I say this is because this is what happened in a city I used to live in. They had a city vote and everyone voted for the road expansion and the city government discussed everything with the business owners where the road expansion would occur and all agreed to sell their location and relocate but ONE business owner changed his mind at the last minute and wanted something like 4-6x what they agreed to pay him. These businesses weren't taken advantage of, they all agreed to sell and made a substantial profit and simply relocated because the city needed a wider road. That's the only time when I can see using ED.
waggy
No Lifer
yeap. to bad they didn't win.
anyway. i think its ok to take it for roads, schools, parks etc. or when its a public hazard. We had a few in a flood zone that were flooded every year (i am talking 2-4ft of water) the town took them.
takeing it for a store or such is BS and should be against the law. to bad the SCTUS screwed up.
3chordcharlie
Diamond Member
Why would you assume the constitution is what you should believe?
I mean it's more consistent than the Bible, but still...
*hides in corner*
Unheard
Diamond Member
FWIW DVK is a student at UC Davis. UCDAggies = DVK
Eminent Domain is acceptable to you when you get to eat what ever the gov't is taking away.
Eminent Domain is acceptable to you when you get to eat what ever the gov't is taking away.
3chordcharlie
Diamond Member
Why not? They seized it for you.
I just finished up a class on eminent domain recently for my continuing education credits.
Only a few of you seem to understand how eminent domain works. I've had to do some projects that were done directly for the cause of taking.
There are many situations where eminent domain makes sense. Most have to do with infrastructure improvement/expansion, public use expansion (parks, wildlife management, social service expansion), gentrification of residential areas etc. Up until recently ED wasn't heavily used for anything but public infrastructure and defense infrastructure. Now it is becoming an issue more people and politicians are paying attention to due to clear cut abuses. The supreme court kelo decision was what really started the heavy abuse of ED by municipalities, corporations and development companies.
Just this past January the supreme court decided not to look at the case against the municipality of Port Chester, NY. If you look at the case it's basically extortion.
Only a few of you seem to understand how eminent domain works. I've had to do some projects that were done directly for the cause of taking.
There are many situations where eminent domain makes sense. Most have to do with infrastructure improvement/expansion, public use expansion (parks, wildlife management, social service expansion), gentrification of residential areas etc. Up until recently ED wasn't heavily used for anything but public infrastructure and defense infrastructure. Now it is becoming an issue more people and politicians are paying attention to due to clear cut abuses. The supreme court kelo decision was what really started the heavy abuse of ED by municipalities, corporations and development companies.
Just this past January the supreme court decided not to look at the case against the municipality of Port Chester, NY. If you look at the case it's basically extortion.
dmcowen674
No Lifer
I hope they take the land out from under your feet.
MercenaryForHire
Lifer
😀
Hmm, that chin isn't big enough.
We need a :B for the "double chin" emoticon.
- M4H
If the government had a legitimate need for my land I would most likely sell it to them at fair market value. Heaven help the person that ever comes and tries to TAKE my land from me because I am willing to die for my beliefs and freedom. Hopefully this will never be an issue for me though.
blackllotus
Golden Member
Eminent domain is only acceptable to me in a case where, say, it is announced that a new highway will be built over a patch of land and someone buys part of that land just to stop the highway from being built. Its one thing if someone has lived in a house for a while, its another when they buy a house to purposely obstruct business. In general, eminent domain is acceptable when it is seizing land owned for six months or less. Beyond that it is like stealing someones home.
darkswordsman17
Lifer
This is a big debate here as they're wanting to do a lot of big development (they've already started some of it and used ED). The thing is when they built the mall here they used it and they're going to end up using it again on some of those same people.
Supposedly, they're starting their offers at 125% of the appraised value of the property (including the homes/business), although I'm not certain who is doing the appraising.
They're also going to install a roundabout at what is already a very busy intersection and will become even moreso after the development.
I don't recall what the timetable is, but I think within 5 years this is going to be a very different place (for better or worse).
Supposedly, they're starting their offers at 125% of the appraised value of the property (including the homes/business), although I'm not certain who is doing the appraising.
They're also going to install a roundabout at what is already a very busy intersection and will become even moreso after the development.
I don't recall what the timetable is, but I think within 5 years this is going to be a very different place (for better or worse).
3chordcharlie
Diamond Member
You know that ED requires payment right?
You also completely dodged the point I was making.
Sorry, I guess I didn't catch your point, I wasn't trying to dodge it. I know that ED requires payment, but that doesn't make it any more acceptable to me. I'm just saying that if the landowner doesn't wish to part with thier land that the government shouldn't be able to take it from you.
What I was getting at was that if I felt the government actually needed my land, I would probably not contest ED. But if it wasn't going to be used for some extremely good purpose I would not care to part with it. Some of my family's land has been in the family for over 150 years and I'll be damned if they thing they are going take it away involuntarily, payment or not.
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