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Title: Indiana Eminent Domain
Source:
[None]
URL Source: http://www.midwestpopulistamerica.c ... nforce-eminent-domain-dispute/
Published: Jul 19, 2008
Author: Octavia
Post Date: 2008-07-19 18:12:20 by octavia
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Keywords: None
Views: 741
Comments: 37
My first attempt at a post so I hope I link right. I ran into this article while researching eminent domain in Indiana. My husband and I were notified on June 26 that the town we live near is annexing 1500 acres to include my 70 acre farm. Soon thereafter, we were notified that the mayor, although we are not yet under his juristiction, needed to meet with us about plans involving our farm. We now have more info. A neighboring landowner plans on developing a medical/commercial complex next to our farm. We are to be placed in a TIF(Tax Incremental Finance) district designated for economic development to increase the property tax base. The neighbors' plan requires 5 to 10 acres for building and another 10-12 acres to allow for a county gravel road to be paved and which will be rerouted in a large S-curve through my farm so as to maximize the neighbor's frontage space. The meeting on 8/22 is to fully present the plan and for us to present any plans which we might have for developing the property so as to maximize its economic potential. Unfortunately, it is rolling hills, grasslands, orchards, ponds and a farm rather than concrete and steel. Our lives have been shattered
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Begin Trace Mode for Comment # 29.
#12. To: octavia (#0)
(Edited)
Tell them that you want to build a free college for gifted black agriculture students in the spirit of George Washington Carver, especially now that the collapsing economy is going to disproportionately affect the already dispossessed, forgotten minorities. Ask the council (or zoning board or whoever) to make the first donation and to make a list of like minded others who not only will act in the spirit of altruism, but will welcome blacks into the community. (Notify the press in advance) Then present wild-eyed, shoot-from-the-hip "don't quote me on this" estimates of property assessments and name drop a few corporations and foundations who've already expressed interest in supporting the plan, (contingent upon the county's approval of future tax exemption of course) including the Ford Foundation, The John D. and Catherine T. MacArthur Foundation, and mention that the ACLU has tentatively expressed interest in defending against the usual "stealth attacks from closet Klansmen in the legislature, which IN is known for" (heh heh) when the plan is publicized. Watch how they tippy toe around trying to take the land then. Most important, remember that no matter how logically and/or eloquently the solicitor or other hired hatchetman tries to dismiss your plan, be ready to scream out and finger them (pardon the expression) as the cowardly racists that we know they are!!! (But when you first finish the presentation you ask, "So, how much can I put you down for?", innocently and wide eyed and expectantly) I don't know if I could personally stop the theft of the land, but I do know that I could make them regret that they ever had favorable impressions of their positions in "public service." If you do it right (or even bungle it-that's the beauty of allegations of racism against public officials) they will at the very least always be remembered as the "______" who weren't really racists, least ways not that we could prove." Just think of all of those poor suffering folks in Indianapolis who are going to freeze and starve because we've allowed the federal reserve and alien banksters to plunder the nation's wealth! Only cruel, heartless (and probably racist) bastards would try to turn a profit at this point in America's grim history when so many of your fellow citizens are facing nightmares of unprecedented horror! (I can really pour it on) I got black activists involved in a town dispute with my wife's uncle over his rental property years ago, and the mayor (whose full time job was as director of an inner city HELP program for poor blacks) resigned as mayor and moved out of town! I felt a lot better then.... And the town council was lectured publicly and warned that they were being watched by a particularly arrogant (full time) stevedore (and part time) pain in the ass NAACP officer, who said, "Now, ain't you folks 'shamed of what you did? I sho hope we all learned sumthin heah!"
i like it! what a great mind you have.
Thanks! I'm serious about using this tactic. These rotten political hacks (who are always incestuously involved with greedy developers) are now taking private property for things other than "forts, arsenals", littoral access to island forts and strategic waterways, etc., as mandated by the constitution are a bunch of thieving good for nuthins who should be jailed. The constitution is supposed to be a document that lists limited powers, and that which is not specifically included is excluded. There is no good reason why eminent domain should be used to increase the tax base of any goddam political entity or for some murky, unspecified general welfare benefits, period! In fact the constitution authorized federal eminent domain for national defense, (what other legit purpose could there have been prior to the NRA, the TVA and Hoover Dam?) and I can think of no reason that a state, county or municipal corporation should ever have cause to take property. (Roads can be rerouted the way they are when the favored bidder wins, irrespective of additional costs) And, the "just compensation" clause of the 5th amendment was not intended to expand eminent domain, but was included in case of an emergency where a bivouac'd army (defending against a sneak attack by Mexicans for instance) is camped on private property and is forced to butcher livestock to feed the soldiers. It did not expand federal power to take whatever, whenever for whatever. And, the fact that state/county eminent domain pre-dates the constitution is no reason that it should have survived at all once The King was given the boot. "Comma or smudge? A mark on the original, hand-written, Bill of Rights has been interpreted as either a comma or a smudge, and the difference may well be meaningful. The mark is found in the Takings Clause (eminent domain) of the Fifth Amendment: "...nor shall private property be taken for public use [ , ] without just compensation." Different sources have quoted this phrase with and without the comma.[2] In the original text it is not clear if there is a comma or a smudge. “ In theory, if those commas exist, the government would have a bit more legal room to confiscate private property. Tom Merrill, a Constitutional scholar and professor at Columbia Law School, believes that the words 'for public use' modify the word 'taken,' and are thus items taken for the public use are merely a subset of what the government can take. His belief in this particular grammatical structure would certainly be aided by the presence of commas, but Professor Merrill prefers to base his reasoning on the attitudes and other writings of the author of the Fifth Amendment, James Madison.[3]" Let's ask learned scholar Prof. Alan Dershowitz: "Oh yes, this other smudge definitely authorizes torture and the use of confessions obtained under duress!, So, I'm quite sure that we should err on the side of increased govt power here, too!" Those who wish to argue my theory should read the following and then tell me, "which was more likely the understanding of the people who ratified the constitution?" "Prior to the adoption of the Fourteenth Amendment,'' the power of eminent domain of state governments ''was unrestrained by any federal authority.'' 168 The just compensation provision of the Fifth Amendment did not apply to the States, 169 and at first the contention that the due process clause of the Fourteenth Amendment afforded property owners the same measure of protection against the States as the Fifth Amendment did against the Federal Government was rejected. 170 However, within a decade the Court rejected the opposing argument that the amount of compensation to be awarded in a state eminent domain case is solely a matter of local law. On the contrary, the Court ruled, although a state ''legislature may prescribe a form of procedure to be observed in the taking of private property for public use, . . . it is not due process of law if provision be not made for compensation. . . . The mere form of the proceeding instituted against the owner . . . cannot convert the process used into due process of law, if the necessary result be to deprive him of his property without compensation.'' 171 While the guarantees of just compensation flow from two different sources, the standards used by the Court in dealing with the issues appear to be identical, and both federal and state cases will be dealt with herein without expressly continuing to recognize the two different bases for the rulings." Theft by another name is..... And, if the govt believed that the paper money they left in place of the people's plundered gold was on par, then why didn't they keep the damned old paper and let people keep their gold?" Any attempt to pay "fair market value" for octavia's property instead of what it's "real market value" would be if sold at the right time in the right market is theft by another name. And (before Bush) the people of the world wondered why we have to lock the roof access to towers and high rises in the US....
i never knew about the comma or smudge controversy. in my mind, it makes no difference regarding the intent. just compensation is just compensation.
Exactly. And, if the govt is not bound by "specific limited use" language then what's to stop it from moving anyone the way that Amerindians were moved with each discovery of gold and oil? Obviously the govt never intended to pay "just compensation" for the wealth of resources they stole from "sovereign nations" any more than they intended to fairly compensate my Mom's pal for the necklace made of Mexican gold coins that was removed from her drilled-out safety deposit box. In fact, let's take this discussion up a notch and ask, how much in plunging federal reserve notes would you accept right now for your home knowing that BushCo is no longer publishing M3 figures and the presses are as hot as Glass Packs from running night and day to crank the feds' tissue paper out? How many wheelbarrows brimming with "federal reserve notes" would be "just compensation"? In octavia's circs, what guarantee does she have that the value of her "jc" won't be on par with (or below) the Mexican peso before she can deposit it and buy Swiss francs with it?
Thanks for your thoughts. Since I started to exert my rights to access information the city holds on my farm(City File 724-C) we got a surprise visit from the county property tax assessor the next day. Somebody had noted our home energy system(been up for 9 months with all appropriate permits) and our "metal" roof(not). Think I will be careful to obey the traffic laws in town verrry carefully from now on.
Organize a group of similarly situated/affected individuals and retain an Indiana Real Estate attorney experienced in annexation/eminent domain.
That's not much of a livelihood. The expertise you obtain (one or two prior cases) may not be more valuable than finding an attorney who is willing to work and fight.
That's not much of a livelihood. No, not true. This Nazi shit property grab is happening all over America. There are many attorneys who deal with nothing but this type issue. The bureaurcratic deck is stacked against Octavia, et. al., due to Indiana's onerous and fascist annexation law (among the most munincipality friendly in the nation) and USSCT's Kelo vs. City of New London. The Indiana Supreme Court recently weighed in on screwing the little people as well. It can, however, be contested. Uphill battle, for sure.
Your information may be better than mine. I certainly haven't heard about it as a burgeoning field of practice.
#30. To: DeaconBenjamin (#29)
Burgeoning. Well, perhaps it is. As I inferred, American annexation/eminent domian madness is not limited to Indiana. It's happening all over. Should it be me, I would retain an attorney who had represented a nearby munincipality on the other side of the argument--they are usually the best informed, knowledgable and prepared--ergo, the best advocate.
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#14. To: HOUNDDAWG (#12)
#16. To: christine, octavia (#14)
(Edited)
i like it!
#17. To: HOUNDDAWG (#16)
#18. To: christine (#17)
#19. To: HOUNDDAWG (#18)
#22. To: octavia (#19)
(Edited)
#24. To: wbales (#22)
an Indiana Real Estate attorney experienced in annexation/eminent domain.
#28. To: DeaconBenjamin (#24)
an Indiana Real Estate attorney experienced in annexation/eminent domain.
#29. To: wbales (#28)
There are many attorneys who deal with nothing but this type issue.
Replies to Comment # 29. I certainly haven't heard about it as a burgeoning field of practice.
End Trace Mode for Comment # 29.