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Tractor Talk Discussion Board

O/T: Supreme Court to hear Eminent Domain Case


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Posted by Mark - IN. on September 29, 2004 at 17:52:56 from (64.12.117.10):

Today while in the work truck, a caller into the Neil Bortz show pointed out that the US. Supreme Court has decided to hear a "Eminent Domain" case from Connecticut. Neil had heard the news, but until then, I had not. It"s not widely reported, and I wonder why.

I figure that most here are somewhat familiar with the term, "Eminent Domain", but for those that are not: Basically, the 5th Amendment to the US Constitution allows the government to seize private property for the good of the people as a whole, but must offer fair market value. That of course is not a direct quote of the 5th Amendment, but is basically how it works.

The reason that this is so important, is that so many municipalities have become cash strapped by their own doings, and look to generate revenue anywhere possible, however possible, at yours and my expense.

I"m not sure what sparked the need for the 5th Amendment, but know the municipal governments have abused Eminent Domain into the ground.

From 1998 until now, at least 10,000 private properties in these United States of America have been siezed by government agencies under Eminent Domain. The cases that I"m familiar have one thing in coomon, increased tax revenue for government agencies so that they can spend more.

Two cases that I noted in privious posts are a case in Lisle, IL. where a developer approached the owner of a working farm (appx 275 acres as I recall), wanting to purchase and develope the land, the owner (like 5th generation) declined, the developer approached the city of Lisle, whom then condemned the farm, and sold it of to the developer for increased tax revenue (stores and stuff). In another similiar case, The City of Naperville, IL. jumped IL. Rt59 into unincorporated Aurora, annexed a farm into Naperville, then condemned and sold it off to a developer that was turned down by the owner, then the developer turned the property into a mall, generating mega-tax revenue for the City of Naperville. Those are only two of more than 10,000 cases around the US.

Most of these case have one thing in common, municipal greed. I can understand them taking land for highway development, and things like that, although hard to swallow, but I can. But when a government condemns and seizes private property, often farmland which is becoming scarcer everyday, so that they can increase their tax base and spending, that is wrong, and a misuse and abuse of Eminent Domain.

The fact that someone might be paying $5,000 anually for property taxes, and then have some developer come along and convince a municipality to condemn and seize the property so that they can increase their tax base to $100,000 per year for the same property by developing it into a mall, apartment complex, subdivision, or whatever, is wrong.

I believe that it violates the spirit of the 5th Amendment, and is gross abuse of power.

Not long ago, the US Supreme Court ruled that Eminent Domain should be policed, or overseen by local governments. That was like putting a known bank robber in charge of the vault. Apparently the US Supreme Court has had time to reconsider their last decision, they are going to hear the Connecticut case.

This should be a very important ruling to all private property owners, and will show the US Supreme Court for it"s real value, good or bad. I would encourage all to look into this and ask questions. See if I"m lying or not. Tomorrow, yours or my farm may become a casino, whether we like it or not, for the good of the people (tax $$$$).


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