SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Pastimes : The Barrett Bucket -- Ignore unavailable to you. Want to Upgrade?


To: Lady Lurksalot who wrote (1161)5/2/2007 9:27:39 AM
From: Peter Dierks  Respond to of 1233
 
The context of the Amendment suggests that that they are talking about personal property seizure and not real property seizure. As smart as they were our Founding Fathers could not imagine every depravity of today and beyond.



To: Lady Lurksalot who wrote (1161)5/2/2007 9:40:19 AM
From: mph  Respond to of 1233
 
Actually, it's part of the Fifth:

Eminent domain
The power of the government to take private property and convert it into public use. The Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv) provides that the government may only exercise this power if they provide just compensation to the property owners. see, e.g. Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982).
The Annotated Constitution of the US entry on eminent domain (http://straylight.law.cornell.edu/anncon/amdt5b_user.html#amdt5b_hd23) The LIIBULLETIN preview in San Remo Hotel v. San Francisco (http://straylight.law.cornell.edu/supct/cert/04-340.html) The LIIBULLETIN preview in Kelo v. City of New London (http://straylight.law.cornell.edu/supct/cert/04-108.html) The Harvard Bridge Project explanation of takings from the point of view of law and economics (http://cyber.law.harvard.edu/bridge/LawEconomics/takings.htm) The Harvard Bridge Project explanation of takings from the point of view of moral philosophy

caselaw.lp.findlaw.com
law.cornell.edu