immanent domain abuse.... project

[jch216]

Has anyone here heard of "immanent domain" abuse. Where the government can take your property if it is needed for public use. I have a college project and I was thinking about doing it on this topic. I have heard neal boortz speak about it before, but i wanted to get your opinions.

thanks

[Warthog]

Such as building interstates and such?

[Ed_S]

Wart, road or freeway construction would (usually) be legitimate use of immanent domain laws. I think he's looking for examples of improper use of the law, such as when an area is leveled to make way for a new Wal-Mart or Shop-n-Save.
And yes - these big company's DO have the pull to get the laws bent their way & make this happen.
I've know of examples, but I can't cite specifics & don't know any links offhand, sorry.

Basically, they get their way since the new store will create more tax revenue than the homes did.

[M_Six]

First off, it's eminent domain.

Run a Google search on "eminent domain" (quotes included) and you'll get tons of hits. Here's one about abuse.

[desmocat]

this was ripped from a post in a Bike forum that I go to quite a bit:


I posted a while back on private land seizures from local gov'ts for private use and its a great day for those freedom-fighting Americans who defend private property rights. The case you have mentioned in Mesa, AZ in regards to a "The Brake Shop" trying to be seized by city council for a new hardware store, had its ruling delivered today. The ruling - "Article 2, Section 17 of the AZ State Constitution denies the Mesa City Council the condemnation of Raymond Bailey's property for private use" and immediately overturned the local circuit court's decision.

It gets better. On the way home from work I heard an interview with Mr. Bailey as he told his story on a local radio talk show. You could feel the exuberance within Mr. Bailey that he will keep his family-owned business of thirty years.

Let me tell you a little about his personal story from what I heard in the interview. His father purchased the franchise about thirty years ago of which Raymond took over around 1995. Raymond is making payments to his parents as the fruit of the investment for their retirement. He has a wife of eighteen years and three children. He involved his only son in the process to enable him to witness the process (he stated that he hopes that his son will take over one day). Isn't that not part of the American Dream?

Mr. Bailey was represented pro-bono by The Institute for Justice's Ken Teller and private attorney Tom Hill <G. Gordon Liddy's son>. They originally lost their circuit court case and had to take it to appeal. This time the judge had the sanity to actually read the AZ State Constitution and interpret it as intended! Woohoo!

A precedent is finally in the books.

__________________

[jch216]

Exactly! This is what I need to get started. And the correct spelling helped too

Keep it coming, this is great stuff!

[desmocat]

Oh yeah, they pulled that s**t here in DFW a while back, wiped out a whole neighborhood for a friggin mall expansion..

Any N Texicans knows about it, when the knocked down all the houses to expand NE mall. What a load...

Here, lets take out a whole working class neighborhood to put in a bunch of stores and parking lots and create EVEN MORE congestion in an already crowded shopping area.

[Sweet]

I remember an event that was going on im MI about this. Can't think of the exact park, but it was claimed by eminent domain and everyone who had a cabin could live their until they or their children died, then it would revert to the gov. The people fought and lost. This was in the mid 70's....

[Quidam]

Within the last two weeks, I saw part of a story on TV regarding this subject. An older coulple were fighting the city who wanted to take their house to construct a condo development. It might have been '60 Minutes'.