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Strategies & Market Trends : Estate Planning -- Ignore unavailable to you. Want to Upgrade?


To: redfish who wrote (63)2/5/2005 11:46:01 AM
From: Cisco  Read Replies (1) | Respond to of 79
 
>>fair market value<<

I plan to watch for the Supreme Court ruling on Eminent Domain. If it keeps expanding, we might one day see eminent domain for body parts. The court will take the average of fair market value as determined by 3 physicians. I could see how they could argue it is in the community's best interest. Executors will end up fighting it in court on first amendment grounds. Wouldn't that be a box of worms. Once again only the poor will end up with their parts in the local Body Zone.

On a more local and perhaps serious note, there is a fight going one in Ohio where the attorney representing some homeowners are trying to delay the process until the Supreme Court ruling comes in. To date, the lower courts have already ruled against them. They are using eminent domain to take private homes to sell the land to a private developer to build a shopping center. When I was in elected office, we used eminent domain to solve community problems like flooding, utilities and the like. I could even support for an airport expansion, but to give it to a private developer to build a shopping mall is just going too far. In my opinion, there has to be some type of boundaries set.