Supreme Court Favors Private Development Over Property Rights

[Tom]

Actually I am in the process of suing Immigration here for losing my papers

there you go, Fred,  ruining paradise.    You're teaching the natives Norte Americana ways.    :D :D :D

[Furby]

 :D :D :D :D :D :D
Now THAT'S funny!!!
:D :D :D :D :D :D

[crtreedude]

The funny thing is that I probably wouldn't have done it except a friend of ours (Tico) told us and our lawyer "You have rights here - even if you are from another country - they can't do this to you, it is shameful!" And the lawyer agreed and recommended this course of action.  The lawyer filed a paper and the Sala IV (big powerful court) told Immigration they had three days to respond. Since Immigration can't even go to the bathroom with 5 days notice, they did nothing. Now it is in the judge's hands, which will probably take another 2 to 3 months. While this is all going on, we are legal, no problems. I know people who have been here for 10 years and still fooling around with immigration. Not a problem, when I am finished with the process I actually have to start paying something.  :D

I can't wait to see how it is going to turn out. It is better than a soap opera!  8)  At the worst I have to go back to the USA and get some papers renotorized - and if so, then I am going to bill the government just for the heck of it.  ;)

[Tom]

Immigration knows you by your first name, I'll bet. :D

"Mr. Fred"

[crtreedude]

The truth is that a lot of North Americans are ruining Costa Rica - sigh. We definitely have some ugly Americans here - and I am not referring to the fact that they wear spandex on the beaches... 

But that too!  ;D

Nah, immigration doesn't know me - they lost all my paper work.  :D They are so imcompenent it is the running joke down here.

[Furby]

Sounds like I have a chance getting into CR after all. :

[CHARLIE]

When it comes to politics, the person I admire the most is Thomas Jefferson. He was a very, very wise man and knew from experience what an all powerful government (Britain in his case) can do.  One of the things Thomas Jefferson wrote in a letter has always stuck with me. I'll have to paraphrase though.

"Beware of a government that convinces you that they will be your caregiver, for they will tax you in your meat and in your drink."

Well, because of the laziness of "Joe American" and his thinking the government should be taking care of him, we have relinquished a lot of our power to the government.

I believe Jefferson also said, "A government that governs best governs least."

A government should only govern and make the laws. The government should never be in the business of making money and that is what the local governments are doing when they take someones land to sell to a private enterprise to make money.

The people need to let the Supreme Court Justices that voted for the right of the city to take someone's property for private enterprise, that they are extremely unhappy about it. Also, we should write our Congressman and demand they do something about this.

I've a mind to send some Justices some teabags.

Wouldn't it be neat if some cities took eminent domain over the Justice's homes that voted for this and gave them a pitance of a price and then razed the home to the ground.  ;D 

[Ron Wenrich]

Ben Franklin said "Democracy is two wolves and a sheep voting to see what's for dinner.  Liberty is a well armed sheep disputing the vote".

Well armed does not necessarily mean guns.  Good laws can protect us sheep.  This isn't good law interpretation.

I remember a time when the government in this country was put back on its heels.  The 60s was a time when the citizens finally said no and the government had to listen.  We ain't at that point, yet.  Get gas to $3-4/gal and taxes a little higher, and we might tip it over.

It seems the governments have also listened to Franklin when he said "If we don't hang together, we'll surely hang seperately".  They are content to split us up and do what they want.

Politicians in this country have a higher re-election rate than the old communist USSR. 

[SwampDonkey]

Ron, it might take more than that because we in Canada have high taxes and $5/gallon gas already. ;D

[thedeeredude]

crtreedude,
   I wouldn't mind costa rica but I am not giving up snow ;D  Out of curiosity, what are gun laws like down there though?  Are they under attack all the time?

[crtreedude]

Gun laws are not under attack all the time, but you almost never see a gun - even on the police out here.

There is almost no hunting. Too few animals. Deer up there are a pest and need to be harvested, down here, they are nearly gone.

To have a gun permit here you have to go to a psychological test. I am told I would pass - so it can't be that bad....

I gave up snow willingly, happily, gratefully and very rapidly!

[rbjones03]

The supreme court decision yesterday on eminent domain has opened the door for our local and state goverments to steal our land and properties. The constitution has been razed again and this time by the branch of the goverment that's sole purpose is to protect and interpret  what our founding father's set down as our guiding principals. We need help and we need it now!!!

It think each and every property owner in each state should contact their elected representatives at all levels and fight this injustice till the integrety of our constitution is restored.

I'm mad as hell and danG mad.

[Roxie]

I wept yesterday when I drove past the Saha's farm (www.saveourfarm.com).....
A Golf Course.....that lovely farm a Golf Course.....we have dozen's of Golf Courses in this county....why and how could this happen in America? 
The Saha's property is not even located in the city that is taking it's land. 
I'm speechless, but I know me and they'd have to kill me to get me off my own land. 
I've written letters and joined thousands of people protesting this action.
To no avail.........I guess money is the only thing that wins in America now.

[SwampDonkey]

What government does here is finance foreign farmers through 'New Entrant' programs and the trouble with that is that your son or daughter that may be 4th generation doesn't qualify. So our local farms are going to immigrants as folks retire or they are taken from farmers in dire straights and emmigrants are being financed with sweet deals that locals can't have. That's been the norm here for decades and it's transparent to the common passer-by. Most people are pretty tight lipped about their financial situation. There have also been scare tactics used on farmers if they talk. Pure communism >:(  :

[Patty]

It is certainly a sad day in America.  :'(

[flip]

I hate to even bring this up but...When will this law be extended to our cars, mills, bank accounts etc...  I am definitely no pol or judge but how in hades could the justices screw this up so bad?? I am still bewildered.  If you look at the original emminent domain section of the constitution it is pretty self explanitory, no if's ands or buts. 

This means if you have coal, oil or other minerals on your ground Big Business Coal Co. can use this to come in and rape your land and toss you off.  No litigation, no bargaining.  One more reason I roll my eyes  : when a piece of property sells for 50K for .6 acre.  To think, uncle scam can come in and set up a Beefy Burger Barn just because they can make more in taxes.   : : : : : : : : :

[Ron Wenrich]

Makes me wonder about timber.  Use eminent domain to force landowners into selling. 

I heard that the Supremes said that eminent domain could be regulated at the state or local level and falls under the property rights provision of each states constitution.

[Left_Coast_Rich]

Kind of reminds me of "The Patriot" movie..  Just like human nature t do nothing until the back is against the wall.  Then the gloves come off.  Seems like the little folks in this instance have taken it to the highest level of the law and lost.  There is no other recourse other than armed resistance or a newly crafted law to compensate for this misdeed.  This violation of a given right for land ownership affects only a few families in this instance.   However, over the long haul it will demand that we the people take back the right to live in our homes.  Here in the socialist republic of ca, the local gov have used this twist in the reading of the law for their own purposes for quite a long time.  They eminent domained 7 homes, some owned by retired families who had no place to go, for the purchase of land for a commercial development.  A KMART moved in was in business for about 5 years then went out of business at the decree of the Kmart corp due to slow sales.  The building sat for 4 or 5 years empty and just recently was rented by a car dealership and health club.  What happened to the families who owned homes there?  They were given a small amount of money for their home (not enough to buy a similar home in a different area) and they dissapeared into history.  The people who decided to proceed with the ED are no longer in power and are forgotten.  The only thing that still remains is the building that caused all the flap.  The only justice I see in this is that the final judgement is still to happen.  Beleave me, it  will happen.   I just wonder when!  LC Rich ??? ???

[DanG]

I seem to remember that Nikita Kruschev said, "We will bury you from within."  Outwardly, it seems that he may have been right.  Let's not discount the resiliency of the American people, though.  While it is tempting to "take up arms,"  we have evolved beyond that.  Our power lies in the voting booth, and we sorely need to nourish that power. 

While it appears that the Supreme Court has abdicated its duties to the people, I have hope that this is not the case.  I haven't read any of the opinions that the Justices publish with their decisions, I'd like to think that it was in defense of "State's Rights" that they turned this decision back over to local authorities.

We all need to pay more attention to our local and State elections, and vote for the good of the country, rather than what our commissioners, councilmen, and legislators will do for our personal wants.

[Dan_Shade]

the "problem" of our constitution is it allowed new laws to be made.  Congress has figured out a good way around the 10th amendment, "we won't give you rmoney back unless you do as we say".  it really upsets me.  i think we're too far gone, but we don't have the stomach for a revolution, which is good, it's not that bad, yet.  none of our problems are worth dying over, but they may be within a 100 years.

[Roxie]

We are the United States of America because our founders were outraged at tyranny.  A series of events that led up to the Boston Tea Party included the Quartering Act and the Stamp Act and the taxation of tea.  What do you think those men and women would have done had any government decided that their land could be taken if other's could make a better profit from it than the owner?  Because, that is what this is about.  This isn't being confiscated for railroad's or airports......PRIVATE BUSINESSES that are favored by those communities wanting  MORE TAXES than they are receiving from a single landowner. 
I believe in the power of a vote....but when any elected (or in this case, appointed) official deprives American citizens of their property, it's time to find a way to make things RIGHT. 

[Patty]

I agree Roxie. This has totally gone too far. I am not sure most folks understand the gravity of the ruling and all of its implications.  And most folks won't get riled up about it until it is their land being stolen from the government. I think we owe it to ourselves and to our children to write to our senators, representatives, and president to get this obscene ruling overturned.  >:(

[GHRoberts]

I guess you people don't listen to various news sources for your views.

I spent Thursday and Friday driving my car cross country - 28 of driving and listening to my radio.

NPR, liberal talk shows, conservative talk shows, and finally a Wayne State University law professor on WJR 760 in Detroit.

NPR spoke about the history of the case at hand. They appear to have done a better job than the rest of the sources.

The WSU professor spoke about the history of eminent domain in Michigan. The only state that has a constitutional ban on taking for nonpublic uses.

A review of those 2 sources would show why the decision was a close 5-4. And why a decison either way is undesirable.

My time limitations prevent further exposition.

[Roxie]

I can only speak for myself and I seldom form any opinion based on the news.  My opinion in this particular situation has been forged from several years of concern regarding the Saha farm and the taking of the farm by the City of Coatesville. 
In prior history, if a private enterprize wanted to set up, let's say a golf course, for profit....then the individuals or corporations would seek an area to place that business that was satisfactory.  If someone owned the land you wanted, you had to ask them and give them a fair market value price.  They either sold or didn't, and you proceeded from there, perhaps to relocate the intended business. 
The Supreme Court Decision allows the officials of a community to decide that they want a golf course for courting bigger businesses, and they can condemn property that is not even within their jurisdiction for that purpose.  The property owner is then forced from their land. 
I would appreciate it if you would claify which part of that I am misunderstanding. 

[beenthere]

I understand that the Supreme Court decision ruled on the States rights to make the decision, not the Supreme Court saying it was right to take the 'farm'.
Seems the State needs to be taken to task for allowing this to happen.
I think Tom mentioned it.  Apparently, per GHRoberts, Michigan has done that for their state.

I don't like to see it happen, but I also am for states making their own decisions, without the Federal Govt making them.  Still is a concern in this country.