eminent domain begins

[LincolnparkRed]

The Floodgates
And so it begins...

Freeport, Texas -- "With Thursday's Supreme Court decision, Freeport officials instructed attorneys to begin preparing legal documents to seize three pieces of waterfront property along the Old Brazos River from two seafood companies for construction of an $8 million private boat marina."

Boston, Mass. --Boston City Council President Michael Flaherty said yesterday that Mayor Thomas M. Menino's efforts to spur development of Fan Pier do not go far enough, and he again called on the city to consider seizing the South Boston waterfront property using its eminent domain power.
Flaherty originally suggested taking the 21-acre property in January. He said yesterday that a recent US Supreme Court decision strengthening the eminent domain powers of local governments puts Boston Redevelopment Authority in a better legal position to seek the Fan Pier land.

New Jersey -- "Englewood, Ridgefield, Passaic - many towns have been adopting plans in the past several years based on economic redevelopment, and I believe this means that it's now full-steam ahead," said Bruce Rosenberg, a land-use attorney for the Hackensack-based law firm of Winne, Banta, Hetherington, Basralian & Kahn.

Brooklyn -- Developer Bruce Ratner visited the borough Friday to talk about his controversial plan to build a basketball arena, an apartment complex and office towers.
Ratner owns the Atlantic Terminal Mall in downtown Brooklyn, but his ownership of the New Jeresy Nets is what's got the neighborhood concerned. He plans to build a 21-acre arena for the team, as well as housing and commercial space.

A ruling made by the U.S. Supreme Court Thursday would allow Ratner to use the power of eminent domain to get the land he still needs to complete his project. That means local governments would have the power to seize homes and businesses against the will of their owners.

Milwaukee -- Developers, city economic development officials and commercial real estate attorneys - including some involved with eminent domain cases - have been waiting for the decision.
[...]

Negotiations on relocating some of Bayshore's tenants have been delayed lately, Maslowski said.

He believes the attorneys for some tenants were deliberately postponing meetings in hopes of using a court ruling that would have curtailed condemnation powers. Such a ruling would have given tenants additional leverage to negotiate better terms for their relocation, Maslowski said.

The court's ruling to uphold the expanded right of condemnation should "eliminate that cloud," Maslowski said.

The Institute for Justice documented 10,000 eminent domain abuse cases across the country in just five years. Kelo will only embolden local government officials to spring for more land grabs.

You can almost hear the money changing hands, can't you?

Incidentally, an (admitedly unscientific) MSNBC poll on Kelo finds dectractors outnumbering supporters 98-2! That's out of 112,000 votes cast. I don't think I've ever seen an online poll with numbers like that.

Nice to know the courts really have the pulse of the people on this one. 98% percent of people polled can tell you this stinks.

[flyer85]

"public use" will now mean want any government authority wants it to mean. The term has ceased to have any meaning and is entirely subjective.

[flyer85]

Originally Posted by LincolnparkRed

Nice to know the courts really have the pulse of the people on this one. 98% percent of people polled can tell you this stinks.

I don't want to the courts to have the "pulse of the people". I want them to follow the original intent of the framers.

[LincolnparkRed]

Originally Posted by Ricardo Cabesa

I don't want to the courts to have the "pulse of the people". I want them to follow the original intent of the framers.

I meant that in the case the public know that this stinks to high heaven and how this will play out. People who are friends with gov't officials will use this to pad their wallets while the people that get displaced get screwed.

[savafan]

Well, we could always set aside some land out west to move all of these displaced people to. We'll call them "reservations".

[TeamCasey]

Disgusting and unbelievable this whole thing.

It's positively un-American.

[registerthis]

Originally Posted by savafan

Well, we could always set aside some land out west to move all of these displaced people to. We'll call them "reservations".

Better check for oil first, though.

[Heath]

I'd start reading your mortgage clauses concerning 'eminent domain'

There are some people who might be better off with eminent domain - i.e. house has less worth than the property value -

Interesting....its also how the Interstate Highway system got built.....

[TRF]

I'd like to claim a new house. One that was just built. 3500 square feet would be fine. Can I just claim it? cuz that would work for me.

[KronoRed]

Originally Posted by TRF

I'd like to claim a new house. One that was just built. 3500 square feet would be fine. Can I just claim it? cuz that would work for me.

Sounds like fun

[CTA513]

The government would have to buy my house for 5 to 10 times what its worth to in order to get it.... if not I wouldnt want to think of what would happen.

[registerthis]

Originally Posted by CTA513

The government would have to buy my house for 5 to 10 times what its worth to in order to get it.... if not I wouldnt want to think of what would happen.

Yeah, unfortunately it doesn't work like that. YOU don't set the price in eminent domain proceedings, the government does.

once the government declares y our area "blighted", you then commence the appraisal process. Ultimately, you will receive what is determined to be the Fair Market Value--or, what your property would fetch on the open market. Inconvenience and sentimentalism, unfortunately, are not included.

[RosieRed]

Originally Posted by CTA513

The government would have to buy my house for 5 to 10 times what its worth to in order to get it.... if not I wouldnt want to think of what would happen.

But that's just it. All they "have" to do is give you supposed fair market value. You literally don't have a choice if the government uses eminent domain.

If a property developer wants you out, they might offer you more than fair market. But if you refuse and eminent domain comes into play, you get what you get. Which is kicked out of your house.

[Unassisted]

Eminent domain is not always a bad thing. Just imagine how many miles of our interstate highway system were located where they are because of eminent domain.

Sometimes government really does have the best interests of citizens in mind.

[CTA513]

I know they wouldnt give us 5 to 10 times what its worth, thats why I said I wouldnt want to think of what would happen if they didnt.

They could try to kick us out, but it wouldnt turn out good.