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AR15.COM
6/23/2005 1:20:10 PM EDT
8 states outlaw it, it is legal in 6 states and the other states are undecided.

Does anyone know which 8 states have declared it illegal and which 6 have declared it legal?

Google isn't finding it for me.

And for those wondering, ED basically says the government can seize private property for public use IF the needs of the community outweight those of the individual property owner. Yay Communism!

www.legal-database.com/eminent-domain.htm

Apparantly recent court rulings have declared ED can also apply to private companies which means a large hotel/casino can take your home IF it can successfully argue things like employment opportunities for the local community are more important than your right to private property as far as the "community" is concerned.

As a result I'd like to know WHICH states have banned it and which specifically allow it.
6/23/2005 1:22:39 PM EDT
[#1]
How can any state ban it when there are highways in every state?
6/23/2005 1:27:35 PM EDT
[#2]
Furthermore, SCOTUS just ruled Federal law trumps all state laws.
6/23/2005 1:40:46 PM EDT
[#3]
At least America is free!


Every day is something new.  


6/23/2005 2:51:39 PM EDT
[#4]
I thought they had drugs to get rid of ED....

But seriously, We have ED in MN. Word was that ED was going to be used to sieze land in Big Lake For a wally world and mall complex. Think it may have fell through...
6/23/2005 3:01:41 PM EDT
[#5]

Well Steyr let me guess...


The Democrats have hunted you down in Florida. Their plan is to take your house (via their judges)  to build a Taco Bell for the better good.


I guess if SCOTUS says its OK its gotta be OKAY right?  





6/23/2005 3:35:59 PM EDT
[#6]

Quoted:
How can any state ban it when there are highways in every state?




This isn't about highways, it's about property "improvements", which in turn pay higher property taxes.

Say you have 10 acres on the edge of town, only your house & driveway are the "improvements" on it. Wally World comes along & says, "Eureka! Here's were we put our new China Mart store!" They convince the local town council that sales taxes, payroll taxes, etc. are a better use for your 10 acres than your peace & quiet. Council is then allowed by the USSC to pass a condemnation of your property, sell it to Wally World & you're fucked.

All I can say is: Molon Labe assholes.
6/23/2005 3:44:38 PM EDT
[#7]
http://www.foxnews.com/story/0,2933,160479,00.html


At least eight states — Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington — forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow a taking for private economic purposes or have not spoken clearly to the question.


You're safe.  I've got to get Texas on this list....
6/23/2005 3:50:42 PM EDT
[#8]

Being born at the beginning - end of the 1960's - 70's. I feel more and more I was born at a time where the U.S. is at an end of an era.


Taxes, Property Rights, and the Money in our pocket have all been put under assault.

1. The dollar had approximately 8 times the buying power.
2. Taxes were not low but the compound taxes were no where near where they are today. Also don't get me started on Property Taxes incomparison today.

3. We were / had put MEN on the moon and did not blow any of them up on the way there.

Oh and almost every car on the road and product on the shelf was made here in the USA.

Did also mention any American could buy a Colt AR in any of the 50 states...

Also dog cats and homos weren't getting married.

Anyway gotta go ... I am rambling and pissed.  
6/23/2005 3:56:32 PM EDT
[#9]

Quoted:
http://www.foxnews.com/story/0,2933,160479,00.html


At least eight states — Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington — forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow a taking for private economic purposes or have not spoken clearly to the question.


You're safe.  I've got to get Texas on this list....



No one is safe. Interstate Commerce trumps all state laws.
6/23/2005 4:05:43 PM EDT
[#10]
Interstate commerce doesn't take your land and give it to a private delveoper to increase the tax value.

That's specifically what this ruling does.

Eminent Domain will never go away.  But abuses like this ruling can if you get the right state laws passed.
6/23/2005 4:43:47 PM EDT
[#11]

Quoted:
Interstate commerce doesn't take your land and give it to a private delveoper to increase the tax value.

That's specifically what this ruling does.

Eminent Domain will never go away.  But abuses like this ruling can if you get the right state laws passed.



Correct. And while I don't feel 100% safe with the state law, I feel safer with it.
6/23/2005 4:49:48 PM EDT
[#12]
The Supremes today said this applies to not only real estate but personal property too.

And to think the courts were set up to protect the people from goverment.
6/23/2005 4:54:27 PM EDT
[#13]
Where my house is now, there is talk of a lake going in, just to my east.

Now I have seen the map of the land that this lake is going to consume, the wya it looks now, I will either be within 200 yards of a lake

or

My house will be under water in which case the city will have to buy me out. They will have to pay me fair market value for it, do I like it, no, I would rather have the lake front property, and hopefully I will.

There is a survey going on, that will take about a year to complete, then we will know more.


Now my buddys mother in laws house was in the way of a higway widing project, the state bought her place, then hired a contractor to build her a new house, and it is a very nice place.
So she got a new house, in place of a house that was at least 50 years old and in need of repair, sometimes things like this can work out for the better.


6/23/2005 4:55:15 PM EDT
[#14]
This ruling 5 to 4  by the supreme court  today essentially abolishes private property rights.  Cities, like Cleveland whiich is trying this right now, can now order homeowners to sell their property so that more expensive houses can be built on thier lots so that they can raise more taxes.  

I say we buy the Kennedy coumpound and build an amusment park there.  The taxes would probably be the first ever paid on the property.  

Special thanks to justices Hitler, Himmler, Stalin, Mussolini and Pol Pot.  Rulings like this show why they want us to turn in our guns.  
6/23/2005 5:03:57 PM EDT
[#15]
Could this law in any way, shape, form or "misinterpretation" be used to take anything else for the "greater good" like I dunno...guns?

I am just curious, I have nothing of substance to contribute to this conversation.
6/23/2005 5:28:19 PM EDT
[#16]

At least eight states — Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington — forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow a taking for private economic purposes or have not spoken clearly to the question.


Note the blight exemption.  Then they want your house they will find any excuse to declare it blighted.  The recent case in Ohio(?) where otherwise very nice houses were declared blighted due to the fact they had only 1 bathroom, or only a 1-car garage.

It's now "Government by the honor system" (Volokh Conspiracy blog) for one more issue...
6/23/2005 5:35:26 PM EDT
[#17]
NY is one state that allows it, I'm not sure what others do.

I was involved in a NY Eminent Domain case back in '98.
6/23/2005 5:41:53 PM EDT
[#18]
Who gives a shit if there is a law saying it's illegal.

If they want to do something, and a law is in the way. They change the law and the supreme court rubber stamps it.