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Eminent Domain debate

Discussion in 'Legal' started by nsf003, Jul 15, 2003.

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  1. nsf003

    nsf003 Member

    Joined:
    Dec 26, 2002
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    If the state wanted to build a road or put in a sewer pipe, and your house was in the way, could they force you to move for the greater good of the community? My dad and I are arguing about this. I think it is wrong to force someone off their own property because the state wants to build a road. He tells me that I am hindering progress and that nothing will ever get done.

    On a separate note, there is this guy in town who put up a big flashing neon sign that says "Jesus is Lord" on the side of his warehouse type building. I fully support the first amendment and property rights, and believe that he can have whatever he wants on his own property as long as it doesn't hurt someone else. People around town are saying it looks tacky, it lowers property values, not everybody is Christian, blah blah blah. I guess no one there understands 1st amendment and private property rights

    nsf003
     
  2. DRC

    DRC Member

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    Location:
    Texas
    Hello

    nsf003,

    As to the arguement you've spoken of it's opinion based. As to legallity, if a city needs to do as you've stated they can do it AND do not even have to pay you fair market value for relocation. If they need these lines in to service the many and you, as the home owner, say no you can take the city to court over it but good luck on that one not to mention if you should decide to do so the city needs only to condemn your propperty and you're screwed.

    Ethically should the city have that right? No, but that's matter of opinion. If my house as well as my neighbors needs a sewer line and you are the only thing standing in the way I would be inclined to believe as your father. It just depends on which side of the issue you're on as to fairness.

    Take care,

    DRC
     
  3. HankB

    HankB Member

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    Location:
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    Actually, the state can pay you fair market value (they determine it, of course) and force you to sell your property to them for public purposes - this is called "eminent domain" and has traditionally meant things like roads, bridges, schools, courthouses, national parks, etc. Things the government runs and operates.

    Thanks to lots of under the table money, crooked politicians (is there any other kind?) in some places have now extended this to include things like privately owned shopping malls, privately owned apartment buildings, and other private developments designed to enrich private business, well outside the arena of the public good.
     
  4. another okie

    another okie Member

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    Here in Oklahoma if an agreement is not reached as to value then a jury decides, and they tend to protect the landowner.
     
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