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


To: geode00 who wrote (51563)7/4/2005 8:53:43 AM
From: jttmab  Read Replies (1) | Respond to of 173976
 
Except I think it's a bit worse than that. As far as I can tell, eminent domain is a natural right of government. That is, it exists even before there's a Constitution that limits that right. We inherited this from british common law.

Laws, including those of individual states can limit that right even more than the Constitution did but, absent these, the government can take your property.


I generally agree. I'm not keen on the use of the phrase "natural right". Governments have always exercised their power of eminent domain. So we agree on the long standing concept.

I suppose what we [the people] should be doing is looking up our individual State's laws on eminent domain and at least see what limits are legislated.

jttmab

Edit: P.S. My initial google search shows me that there is a category of lawyers that specialize in eminent domain. Must be a good business. Which doesn't bode well for the people.



To: geode00 who wrote (51563)7/4/2005 9:15:50 AM
From: jttmab  Read Replies (1) | Respond to of 173976
 
The earliest one [eminent domain] I can recall happened between 875 and 855 B.C., when King Ahab took a vineyard next to his palace, according to the Old Testament book of 1 Kings.
Ahab wanted the vineyard of Naboth the Jezreelite. Naboth wouldn't sell it to the king because the land had been in the family for so long.
Ahab's wife, Jezebel, told Ahab not to worry, she would deliver the vineyard. "And Jezebel his wife said unto him, Dost thou now govern the kingdom of Israel? arise, and eat bread, and let thine heart be merry: I will give thee the vineyard of Naboth the Jezreelite." (1 Kings 21:7)
She issued letters in Ahab's name, plotting a false accusation of blasphemy against Naboth. It led to his execution by stoning.
The land was left for taking, and the transaction became one of the first recorded incidents of eminent domain.


washingtontimes.com