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  1. NRG
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       #1  
    Didn't take long for the powers that be to use their new found power.

    ________________________________________________________________



    June 23, 2005, 11:35PM

    Freeport moves to seize 3 properties
    Court's decision empowers the city to acquire the site for a new marina
    By THAYER EVANS
    Chronicle Correspondent

    FREEPORT - With Thursday's Supreme Court decision, Freeport officials instructed attorneys to begin preparing legal documents to seize three pieces of waterfront property along the Old Brazos River from two seafood companies for construction of an $8 million private boat marina.


    The court, in a 5-4 decision, ruled that cities may bulldoze people's homes or businesses to make way for shopping malls or other private development. The decision gives local governments broad power to seize private property to generate tax revenue.



    -snip-

    This is the last little piece of the puzzle to put the project together," Freeport Mayor Jim Phillips said of the project designed to inject new life in the Brazoria County city's depressed downtown area.

    -snip-

    Eminent domain is the right of a government to take private property for public use upon payment of the fair market value.

    http://www.chron.com/cs/CDA/ssistory...olitan/3239024
  2. #2  
    and who said government was slow?
  3. NRG
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       #3  
    Quote Originally Posted by Perry Holden
    and who said government was slow?
    No doubt, this was passed through the courts when? Friday, good god?
  4. #4  
    This decision by the SCOTUS will lead to violence.

    I can almost guarantee it.
  5. #5  
    Quote Originally Posted by NRG
    No doubt, this was passed through the courts when? Friday, good god?
    Im am sure that potential litigation was in the works as soon as people saw that the court was going to hear and rule on the case.
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  6. #6  
    Quote Originally Posted by 1911sforever
    This decision by the SCOTUS will lead to violence.

    I can almost guarantee it.
    I sure hope not.

    I would be willing to bet that at least some states/cities will either revise or put in place laws such as this:

    Quote Originally Posted by NRG's News Article
    He said there is a provision in state law that allows residents of a city to a circulate a petition to call a vote on whether the city can take property using eminent domain.

    "(This) is far, far from over," Gore said. "(We) would have liked to have seen a victory on the federal level, but it is by no means a settled issue."
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  7. #7  
    Makes you really think who's behind the passing of those ruling (talk about judicial court not being politically influenced).
  8. NRG
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       #8  
    Quote Originally Posted by t2gungho
    Im am sure that potential litigation was in the works as soon as people saw that the court was going to hear and rule on the case.
    Yeah, I agree. Vultures.
  9. #9  
    Quote Originally Posted by ronbo2000
    Makes you really think who's behind the passing of those ruling (talk about judicial court not being politically influenced).
    Im definitely an optimist when it comes to the idea that the courts are political. (i.e. Bush v. Gore comes to mind.) I'd like to think that they are independent bodies but they each have their own politics.

    I think I mentioned this on the other thread, but audiobooks has a great 'free' interview with Justice Scalia...he says that himself and Thomas are the only two originalists on the court. Very interesting piece for any court watchers.
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  10. #10  
    I'm an engineer for the government and sometimes condemning land for the good of the public is a necessary evil. And when I say this, I mean taking strips of land to put sewer easements so one person can't stop development for a multitude of people where the vast majority benefits. With that being said though, I have heartburn with taking land away from someone else to put in items that aren't "needed". I feel this is wrong, but I guess it was a slippery slope (considering the easements that I just mentioned).
  11. #11  
    Quote Originally Posted by t2gungho
    Im definitely an optimist when it comes to the idea that the courts are political. (i.e. Bush v. Gore comes to mind.) I'd like to think that they are independent bodies but they each have their own politics.

    I think I mentioned this on the other thread, but audiobooks has a great 'free' interview with Justice Scalia...he says that himself and Thomas are the only two originalists on the court. Very interesting piece for any court watchers.
    When you mention political courts, you seem to neglect mentioning the Florida Supreme Court, which ignored Florida law and set different standards for the recount.
  12. #12  
    Quote Originally Posted by Perry Holden
    and who said government was slow?
    They are slow and incompitent when executing their responsabilities. Government is historically quick to abuse their power.

    Land of the 'slightly more free' home of the lawyers....
  13. #14  
    Quote Originally Posted by RicoM
    I'm an engineer for the government and sometimes condemning land for the good of the public is a necessary evil. And when I say this, I mean taking strips of land to put sewer easements so one person can't stop development for a multitude of people where the vast majority benefits. With that being said though, I have heartburn with taking land away from someone else to put in items that aren't "needed". I feel this is wrong, but I guess it was a slippery slope (considering the easements that I just mentioned).
    I suspect that the 'need' will always favor big business.

    There are many of what I call 'Napalm Neighborhoods' which I would like to see go away, but not at the cost of liberty.

    Napalm Neighborhood:
    1. A neighborhood thatís property value will increase if the structures on it were burned to the ground.
    2. Land that if cleared of the existing structures would make most people rejoice.
  14. #15  
    All we can hope for is that public outrage over actions like this will result in some incumbents being voted out of office, and some new laws passed restricting the taking of private land for other private purposes.
    Bob Meyer
    I'm out of my mind. But feel free to leave a message.
  15. #16  
    Quote Originally Posted by NRG
    Didn't take long for the powers that be to use their new found power.
    According to the article,
    The tracts of land would be used for a planned 800- to 900-slip marina to be built by Freeport Marina, a group that that includes Dallas developer Hiram Walker Royall. He would buy the property from the city and receive a $6 million loan from the city to develop the project.

    Freeport Marina would then invest $1 million in the project and contribute a 1,100-foot tract of land, valued at $750,000, to it before receiving the loan.
    So, not only do they seize the land (with just compensation), but then they sell the land to the developer. Give more land to the project. Add a cool $1 Million. THEN, loan the developer the money to build it.

    Result: The developer uses their money to build his marina. Then pays taxes on the profit from the use of his property. Obviously (hopefully ), the article has left out some pertinent details.
  16. #17  
    but look at this...like is no better than midevil times...whatever the powers that be wanted, they took...no if and or buts about it...and if you complained...oh foo you be dead I mean now a days there arent public lynchings or executions, but the theory of claiming and seizing land carte blanche seems rather barbaric to me
  17. NRG
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       #18  
    I think we might have found something we can all agree!!!
  18. #19  
    Freeport is getting ready to explode. As Destin RE expands, people are moving north into Freeport.
  19. #20  
    Quote Originally Posted by NRG
    I think we might have found something we can all agree!!!
    100% agree.

    Imagine paying off your mortgage and looking forward to retirement only to be told that the property taxes you pay aren't enough.

    This overreach by the SCOTUS will have a boomerang effect.
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