IN A DAY AND AGE where one voice screaming among thousands can have Christian monuments removed from public buildings and development projects shut down for the benefit of an endangered weed, we have the Supreme Court issuing a ruling in June to set the record straight for the majority. However, this ruling comes at the dismay of individual landowners across America, and threatens to further undermine the American privilege of individual ownership.
Eminent domain is the issue being brought to the table --- or more correctly, to the courts --- as our government legal system dukes it out over land use laws and public benefit.
Eminent domain has been invoked thousands of times, for public infrastructures and developments that include water lines, sewer systems, highways, railroads, and more. If the involved governing bodies determine collectively that there is a public benefit from the placement of such structures, even across private lands, these lands may be commandeered by Uncle Sam, after providing "just compensation" to the owner in the terms of dollars, and the property becomes public.
In recent years various local governments across the U.S. have been invoking eminent domain to acquire lands for privately owned mega-businesses such as shopping malls and retail stores, citing that benefits to the community outweigh the loss of ownership to the individuals. Many believe that increased tax dollars to the community for placement of such mega-stores is an additional incentive.
Tension has risen to the point that a case made it to the Supreme Court, which ruled in favor of the local government in upholding eminent domain. The Supreme Court's decision last month clarified that local governments may seize people's homes and businesses -- even against their will -- for private and public economic development.
Since the laws of this country are dynamic, or ever-changing, such rulings by the high court have a huge impact on future cases as individuals stand their ground against the billion dollar behemoths who are looking for prime space to make their next footprint.
While eminent domain is not the first choice of action, the top 2 retailers in the country have used this tactic a number of times to acquire the position they had been pursuing. More people vote with their dollars than with their ballots, and while some may oppose the pressure to small business and the loss of individual ownership that these developments cause, most consumers will frequent a new "big box" store if one is in their area, and complain if this type of availability is not nearby.
There appears to be little recourse for the general public against Supreme Court rulings of this type, accept to pressure Congressmen into developing new law that would counteract this approach. A California man came up with a brilliant suggestion though. Read on.
WEARE, N.H. - Following a Supreme Court ruling last week that gave local governments power to seize private property, someone has suggested taking over Justice David Souter's New Hampshire farmhouse and turning it into a hotel.
"The justification for such an eminent domain action is that our hotel will better serve the public interest as it will bring in economic development and higher tax revenue to Weare," Logan Darrow Clements of California wrote in a letter faxed to town officials in Weare on Tuesday.
Souter, a longtime Weare resident, joined in the 5-4 court decision allowing governments to seize private property from one owner and turn it over to another if doing so would benefit a community.
Tom Clouser is a 38 year old farmer in Pennsylvania. In addition to farming, he and his father publish a monthly 16-page newspaper called "Trees 'n' Turf", which targets subjects of interest to those in land use industries and activities. View their website at http://www.clouserfarm.net
recurring cleaning service Mundelein ..An idea to defend oil infrastructure in the Middle East... Read More
The notion that local governments should have almost total monopoly... Read More
Judgment and detective work requires thinking about possibilities. One of... Read More
Federal Trade Commission Owes Industry and Entrepreneurs an Apology. The... Read More
We have read about the unemployment rate being high. Really... Read More
Today we wish to examine a fallacy, or error in... Read More
If someone wanted to farm future clones they would need... Read More
The recent Jakarta summit of Asia and Africa brought remembrance... Read More
Bosnia-Herzegovina (heretofore "Bosnia") is an artificial polity with four, tangentially... Read More
Many are very impressed with the NIMA (National Imagery and... Read More
I propose a special Projection Device code-named: "TIPED". This system... Read More
US Steel prices have cost franchisees in my company and... Read More
The Second World War was the continuation of World War... Read More
The clause (c) of Electronic Crime Act 2004 has been... Read More
Let's put the religious part of the debate for a... Read More
Today we have a new franchise report from the Federal... Read More
Publicity is correlative to your position in the community. Seldom... Read More
I'm getting a little tired of being lectured by that... Read More
"Rugged individualism" is actually a euphemism for Thomas Hobbes' baseless... Read More
The entry by telephone and cable companies into the Internet... Read More
In Belarus parliament is going to struggle with degeneration of... Read More
Originally published in 1958, "The Ugly American" (Lederer & Burdick)... Read More
After 9-11 insurance rates on Independent Truck Drivers and smaller... Read More
In the most rewarding new industries, there is often a... Read More
As baby boomers, we have been spoiled all of our... Read More
tidy up service Buffalo Grove ..Do you really want to get ahead in your life?... Read More
As you know Delta Airlines is close to bankruptcy. Their... Read More
We recently saw another ferry accident, this one in NY... Read More
The US-backed Road Map peace plan had no real chance... Read More
In typical bureaucratese, the pensive EBRD analyst ventures with the... Read More
The second amendment to the U.S. Constitution guarantees every American... Read More
Americans pride themselves on being the best, that's a fact.... Read More
A few hours ago, Colonel Ely Ould Mohamed Vall, the... Read More
Recently the FTC, Federal Trade Commission put forth a report... Read More
When we go through periods of droughts we also have... Read More
Rule of Thumb for exporting technology. The American People need... Read More
In the most rewarding new industries, there is often a... Read More
Most government agencies cannot pass an audit of their expenses.... Read More
Absolute power corrupts absolutely. Men desire power. Give power to... Read More
(Note: This article was written slightly before the 2004 election;... Read More
If recent speeches by US officials on Iran's plans to... Read More
I would like to discuss the blocked persons list of... Read More
"The only time I open my mouth is when I... Read More
The number-one question people ask us is, "What possessed you... Read More
Pierre Dupont de Nemours:After arranging the Armistice that ended or... Read More
Is it just me or are you concerned that illegal... Read More
Throughout all recorded history on our lovely little planet, Earth's... Read More
China is serious about breaking into the bio-tech field and... Read More
While many Pennsylvanians are struggling to figure out how they... Read More
Industrial Recruiting. The absence of a state income tax in... Read More
Political |