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Eminent Domain: Sticking It To The Minorities and Poor
By simpson316 Posted in Law — Comments (27) / Email this page » / Leave a comment »
David T. Beito and Ilya Somin have an op-ed piece in the Kansas City Star titled Battle over eminent domain is another civil rights issue. In the piece, they discuss how eminent domain abuse has had a disproportionate impact on minorities and the lower class. It is easy to see how that would be the case.
In the article, Beito and Somin quote an amicus brief filed by the National Association for the Advancement of Colored People (NAACP) in Kelo v New London:
“[t]he burden of eminent domain has and will continue to fall disproportionately upon racial and ethnic minorities, the elderly, and economically disadvantaged.” Unfettered eminent domain authority, the NAACP concluded, is a “license for government to coerce individuals on behalf of society’s strongest interests.”
When someone wants to challenge eminent domain proceedings it can often lead to very costly legal bills. Many in lower income communities (of which inner-city communities tend to be predominately minorities) are unable to afford those fees and are therefore forced to take whatever deal the city, state or county wants to give them. That is a far cry from the case that I wrote about a couple of weeks ago [See here] where a dentist has had the means and connections to fight against the cities abuse of power.
It truly is time for all of use, liberal and conservative alike, to get behind reform to end the abuse of eminent domain. I urge you to contact your state legislators and encourage them to push for reform.
Cross posted at The Minority Report
the routine democrat party practice of taking homes and land owned mostly by blacks for downtown city projects. The usual result was to obliterate the black middle class by taking so called sub-standard housing that blacks OWNED!!! and force them into housing projects as renters.
Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson
recommended - a reason to be jaded - nt
by gamecock
Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson
or to be 136simpsoned - Doh! - nt
by gamecock
Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson
Ha! and thanks for the recommend n/t
by simpson316
the 1 issue Hannity & Colmes agree on. nt
by pilgrim
The purpose of communist propaganda was not to persuade or convince, nor to inform, but to humiliate; and therefore, the less it corresponded to reality the better.
Dr. Theodore Dalrymple
They agree on more than that one issue
by simpson316
For example, both believe that they should get raises come contract time. ;)
Now also found at The Minority Report
ah, and another example of my NEW theme
by gamecock
the coming standard of living crisis will test the character of americans more so than their politics
Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson
Eminent Domain Reform
by tsquare
I think that this might be the best SCOTUS decision in the last 100 years.
By sending Eminent Domain reform to the states, and in most state then on to counties and cities, they let the citizens decide what is best for them and their communities.
Is there Eminent Domain abuse? Sure… but with the law as it is, each community can decide what works for them… and use it as a tool, one of many, to rebuild their community. As an Architect I know how important this power can be when used wisely to get the last holdouts to sign on.
See, the problem is
by simpson316
that the wise uses of eminent domain are apparently the rare uses. We are seeing far too many municipalities using it in a clearly unconstitutional manner. I'm really not sure how you can see Kelo as a good decision.
Now also found at The Minority Report
Eminent Domain
by rstreu
was necessary when it was written into the Constitution... but frankly I think it was the only short-sighted moment in the entire document.
Examples: In order to promote interstate commerce, the founders knew that roadways would be necessary. They also knew that families of farmers would have land stacked next to land, and that there would have to be a way for the government to offer monetary compensation in exchange for land.
Public works are the only appropriate uses for Eminent Domain. Government brokerage of private land for business use is specifically -not- an appropriate use.
Using the government to sign "hold outs" -is- abuse of the system and a misuse of government resources.
-streu-
Insert relevant witticism here
Kansas City has a truly awful reputation
by Andysforsmalgovernment
As I have said before. The people of this city do not do a good job of:
1. Recognizing ED abuse as it is happening, especially when the land is in a rural area of the city and not in prominent view or when we see the government attempting "urban upgrades" that are supposed to get the city center back on its feet. We are sold the idea that we need more retail development even though we have whole blocks of empty retail spaces in older developments.
2. Using our vote to remove officials who are in the pockets of developers and promote ED abuse.
I love my city, but it has issues in this regard in a major way.
"Government of the people, by the people, for the people."
A. Lincoln
The whole state does Andy
by simpson316
Why in the world would this be a constitutional problem?
by mbecker908
Gee whiz guys things must be slow in MO to get this worked up about erictile disfunction. And here I thought Bob Dole solved that problem. Of course he is from just over the border...
____
CongressCritter™: Never have so few felt like they were owed so much by so many for so little.
not to mention the
by gamecock
side effects
which are a long list that leaves out child support and alimony
Mike DeVine’s Charlotte Observer columns
http://thehinzsightreport.com
www.theminorityreportblog.com
www.race42008.com
"One man with courage makes a majority." - Andrew Jackson
When I visited KCMO in 1996
by jonlester
it was said to be the crystal meth capital of America at the time. Using too much of anything like that definitely does lead to ED.
Now the crystal meth cap is supposed to be NE MO
by simpson316
This is a big issue in Colorado.
by NightTwister
RTD is using some pretty underhanded tactics, and it's a political hot potato around here right now
The Property Rights Project at The Independence Institute, a Colorado think tank has a lot of information on Eminent Domain issues here in the state.
"After two years in Washington, I often long for the realism and sincerity of Hollywood." -Fred Dalton Thompson
I think we would be hard pressed NightTwister
by simpson316
to find an area where it isn't a hot button issue.
The picture in my sig, BTW, is a painting on a side of a building here in downtown St. Louis.
Now also found at The Minority Report
We have prop. 98 & 99 in
by free kittens
We have prop. 98 & 99 in California. I'm not sure which to support.
Neil Stevens, can you help on this?
by simpson316
I've seen something on this recently, only I can't remember where. I know I would get them backwards.
I'll link the article if I can find it.
Now also found at The Minority Report
Ok there is an op-ed on
by free kittens
Ok there is an op-ed on flashreport.org
I know 99 is the one that the Governator and Feistein(sp) are backing so I should probably go with 98 lol
Probably a safe bet. n/t
by simpson316
“terrorists” and “suicide bombers.”
by speciallist
-The landlord group that has provided crucial seed money to pass Proposition 98 in June, and its President – Dan Faller – has called tenant advocates “terrorists” and “suicide bombers.”
Tells you how this battle is coming along. If I called my tenant that, he would own the Building he's living in.
-Prop 98 would invalidate laws that protect tenants from eviction if their landlord doesn’t pay the mortgage.
Laws in place and it works just fine. Except, if the Landlord Sells the Building, I think the tenant should be on their own, I have to give them two months notice right now, thats plenty of time.
-Over 50 people chanted in English and Spanish, held up signs, and one guy dressed up as a “greedy landlord” and handed out eviction notices to the crowd.
Long-haired, red-eyed, jobless..they have no clue what it takes to be a landlord..or to run any sort of business.
-Proposition 99 – which would reform eminent domain without abolishing rent control – would protect millions of families who would lose basic renter protections.
Total bull...Cali renters are Well protected..typical lib scare tactics. Rent control is Overated.
Thats a mute point for me..we dont have rent control..My tenants know upfront the rent will go up every time the rents in our neighborhood go up. First rule of Rentals ...the higher the rent ..the BETTER the tenent. Wherever the market is thats where we go but, everybody knows rent Never comes down.
-They’ll get a little help from a few popular statewide politicians who are more politically moderate. Governor Arnold Schwarzenegger and U.S. Senator Dianne Feinstein have both come out against it. “Prop 98 would undermine California’s ability to improve our infrastructure,” said Schwarzenegger, “including our water delivery and storage. California voters strongly support rebuilding our transportation, housing, education and water projects, so it would be irresponsible to support a measure that would prevent the state from accomplishing our goals.” Prop 98, said Feinstein, is “reckless and would tie the State's hands in dealing with a wide range of critical issues.”
I have to laugh..I am embarassed for these people...All the Pols are worried about is the Tax Money they will get from all this.....It's a San Francisco thing
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