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Politics : GOPwinger Lies/Distortions/Omissions/Perversions of Truth -- Ignore unavailable to you. Want to Upgrade?


To: JeffA who wrote (51273)6/28/2005 4:45:57 PM
From: geode00  Respond to of 173976
 
I don't like it in theory either but they're just interpreting the constitution and precedent.

"...It should be borne in mind that while the power of eminent domain, though it is inherent in organized governments, may only be exercised through legislation or through legislative delegation, usually to another governmental body, the power may be delegated as well to private corporations, such as public utilities, railroad and bridge companies, when they are promoting a valid public purpose. Such delegation has long been approved...

Traditionally, eminent domain has been utilized to facilitate transportation, the supplying of water, and the like, 184 but the use of the power to establish public parks, to preserve places of historic interest, and to promote beautification has substantial precedent....

The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.'' For ''public use,'' then, it may well be that ''public interest'' or ''public welfare'' is the more correct phrase. Berman was applied in Hawaii Housing Auth. v. Midkiff, 187 upholding the Hawaii Land Reform Act as a ''rational'' effort to ''correct deficiencies in the market determined by the state legislature to be attributable to land oligopoly.''..."

caselaw.lp.findlaw.com

George Bush got his stadium, and his WEALTH, by using eminent domain. As I understand it, this ruling says that public use can be a privately-owned building or enterprise but you can't simply build someone's house in that place.

I wonder if a private country club would qualify?

heartland.org Here's Utah's rejection of the idea which, as I understand it, the SC said it deferred to.



To: JeffA who wrote (51273)6/29/2005 2:44:10 PM
From: bentway  Respond to of 173976
 
dupe



To: JeffA who wrote (51273)6/29/2005 2:44:56 PM
From: bentway  Read Replies (1) | Respond to of 173976
 
Church Leader Endorses Gay Marriage
- By ERRIN HAINES, Associated Press Writer
Tuesday, June 28, 2005

(06-28) 21:33 PDT ATLANTA (AP) --

With a possible historic vote looming on a measure supporting same-sex marriage, the head of the United Church of Christ on Tuesday publicly endorsed the resolution for the first time.

The Rev. John H. Thomas said Tuesday that the church's General Synod "should affirm the rights of gay, lesbian and transgender persons" to have marriages "equal in name, privileges and responsibilities to married heterosexual couples."

"I believe our local churches, as they are able, should move toward the development of marriage equality policies," Thomas added during a speech at Emory University.

That remark drew a lengthy standing ovation from the audience of about 200.

The same-sex marriage resolution is one of three expected to be voted on by the General Synod at its annual meeting this weekend in Atlanta. If it passes, the church would be the first mainstream Christian denomination to officially support the marriages of gays and lesbians.

Church members could also choose to support a "one man, one woman" marriage resolution or a resolution calling for prayer and study of the same-sex marriage issue. Recently, backers of the third option endorsed the same-sex resolution and condemned the "one man, one woman" resolution as discriminatory.

The 1.3 million-member United Church of Christ has a history of supporting gays in its denomination, dating to 1972, when it ordained the first openly gay minister and established a gay caucus.

UCC churches are autonomous, meaing that the General Synod does not create policy for its more than 5,700 congregations. Thomas said he was disappointed that some congregations are considering leaving the denomination if the same-sex resolution is approved.

URL: sfgate.com