An Ol' Broad's Ramblings
Archive for 20 July 2008
Eminent Domain: The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
This has become an issue of right versus wrong lately. You have city governments deciding that they know a better way for the city to make money from your property. You stand in their way. They find a way to condemn your property, even though under normal circumstances, there is absolutely nothing wrong with the property. You’ve paid your mortgage, perhaps in full. You pay your annual taxes, never in arrears. Yet, there is some fat cat who is buying up the properties surrounding yours, and YOU are in the way of their progress.
The case that brought this all to light was Kelo v. City of New London. If you’ll recall, the city decided that the folks who had lived in their homes, raised their families, paid their bills needed to sell and vacate. Why? Because the city had big plans for their property, which didn’t include allowing them to remain in their homes. Unfortunately, for ALL of us, the Supreme Court agreed.
After approving an integrated development plan designed to revitalize its ailing economy, respondent city, through its development agent, purchased most of the property earmarked for the project from willing sellers, but initiated condemnation proceedings when petitioners, the owners of the rest of the property, refused to sell. Petitioners brought this state-court action claiming, inter alia, that the taking of their properties would violate the “public use” restriction in the Fifth Amendment’s Takings Clause. The trial court granted a permanent restraining order prohibiting the taking of the some of the properties, but denying relief as to others. Relying on cases such as Hawaii Housing Authority v. Midkiff, 467 U.S. 229, and Berman v. Parker, 348 U.S. 26, the Connecticut Supreme Court affirmed in part and reversed in part, upholding all of the proposed takings.
(a) Though the city could not take petitioners’ land simply to confer a private benefit on a particular private party, see, e.g., Midkiff, 467 U.S., at 245, the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted “to benefit a particular class of identifiable individuals,” ibid. Moreover, while the city is not planning to open the condemned land–at least not in its entirety–to use by the general public, this “Court long ago rejected any literal requirement that condemned property be put into use for the … public.” Id., at 244. Rather, it has embraced the broader and more natural interpretation of public use as “public purpose.” See, e.g., Fallbrook Irrigation Dist. v. Bradley, 164 U.S. 112, 158—164. Without exception, the Court has defined that concept broadly, reflecting its longstanding policy of deference to legislative judgments as to what public needs justify the use of the takings power. Berman, 348 U.S. 26; Midkiff, 467 U.S. 229; Ruckelshaus v. Monsanto Co., 467 U.S. 986. Pp. 6—13.
Let’s take a look at the Fifth Amendment, shall we?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Obviously, I’m no lawyer. I don’t even play one on TV. But I do know right from wrong. And what this ruling from the U.S. Supreme Court was just wrong. It’s also opened up a whole new can of worms for the American people, all across the country.
Closer to home, is the case of Joy Ford, owner of Country International Records, located on “Music Row” in Nashville. Tomorrow I will be attending a press conference addressing the problems that Metropolitan Development Housing Agency is causing Ms Ford. From a June 20 article in the Nashville Business Journal:
Ford had been offered at least $600,000 for the building and property, but has said in the past she either doesn’t want to sell at all, or she wants $12 million.
Ms. Ford doesn’t expect her price of 12mil to be met. The lady doesn’t want to sell her property. The article states it’s a 60′s era building. Well, so are a lot of family homes. Now, I would question, if the private developer who wants this property is going to “put up a parking lot” for the sole purpose of his development, is that for the public good?
For more information on this case, please see:
Tomorrow morning, I’ll see for myself if MDHA has a legitimate case, or if they are using a very flawed Supreme Court ruling to screw over the “little guy” in favor big business. Music Row is one of those places you’ve heard of, even if you don’t listen to country music. I’m pretty sure you’ve heard of Elvis. This is a large part of American history, but what I’ve seen so far, it’s turning into an ugly concrete block of big motels and chain restaurants. If we continue to destroy the ‘flavor’ of what makes various cities and towns, all we’ll have is the butt ugly concrete and glass that keeps popping up all over the place.
Previous post: Abusing “Eminent Domain”
This message brought to you from the fine folks in Mandeville Louisiana
My drive from Podunk to Nashville was rather uneventful, except the closer I got to my destination, the more nutty the drivers. Excuse me, but if you see a very large truck in front of me, and a very large truck beside me, this means I can’t speed up to let your sorry ass pimped out F-150 get by. No matter how close you get to crawling up my butt, it’s not going to help. SO BACK YOUR ASS OFF! sigh….
I found the motel with no problem at all. This has got to be the biggest Comfort Inn I’ve ever seen. From the exterior, it’s rather nice. Oh, the room is just fine too, a little on the smallish side, but hey, I don’t need a lot of room, do I. It’s not like I’m going to be having a star studded party here, right?
Well, I had no problem until I took a gander at the window, which evidently was the target of a break in it’s history. It’s locked, but warped, with a stick bracing it closed. sigh… As I looked around, I noticed there were no ashtrays. I’m a smoker. I get smoking rooms. When you check in expecting at least one ashtray in your room, and there are none, you tend to immediately call the desk and request ashtrays. I called. The phone rang for a good 20 times. Annoyed, I slam down the phone. I take a deep breath, wait at least 30 seconds, and dial the front desk again.
This time, the nice young man picked up. Very friendly, he informs me that he’ll bring an ashtray up, no more than five minutes. An hour and a half later, I walked down to the desk. Now, I usually don’t let things get to me. I’ll grumble a bit, but rarely am ever rude to people. This was no exception. While I was there, I got some extra coffee. But I’ll be darned if I didn’t forget to ask ‘em why they don’t have Fox News!
I’d like to say this was the view from my window, but I can’t.
I had to walk out the door, and look left to see anything. The view from my window, other than the walkway, is the freeway. I have earplugs!
One thing that is bothering me. When I got here I checked my email, and found one about the ‘press conference’ tomorrow. This is July. Summer. Mega heatwave. And it’s OUTSIDE! Criminy! Hence, the title. Well, I suppose it shouldn’t be too bad at 10am. Pfft! Yeah……right!
Ok, so maybe going to Nashville for the night wouldn’t really be considered a bonafide road trip, but I’ll be on the road, going from point A to point B, so maybe it is. Supposedly, the motel has internet access, so things should be semi normal.
Why is the ol’ broad going to Nashville ya ask? Well, even if ya didn’t, I’ll tell ya. I’ve been invited to a ‘news conference’, so, I’m going. Topic? Eminent domain.
So, I’m walking out the door into a pizza oven. Pray I don’t melt! Actually, it’s only 96, but “feels like….” a freakin’ pizza oven.
Yesterday, I posted this about a woman who showed up at a hospital with a baby that was not hers. Today:
She was just 18 and due to give birth July 30.
She may have been drugged, authorities said, when she was cut open last week and her unborn child taken from her womb.
The Allegheny County Medical Examiner’s Office on Saturday night tentatively identified a woman found dead in a Wilkinsburg apartment — hands duct-taped behind her back — as Kia Johnson of Wilkinsburg, missing since Tuesday.
Authorities found her body on Friday inside the foul-smelling, fly-infested apartment of a Wilkinsburg woman, Andrea Curry-Demus, who showed up at a Pittsburgh hospital on Wednesday, claiming to have given birth prematurely. Tests showed the newborn baby boy, whose umbilical cord was still attached, wasn’t hers. Curry-Demus, 38, is being held in the county jail on a charge of endangering the welfare of a child.
“Her abdomen had been opened with a sharp weapon, the uterus had been opened. We discovered a placenta at the scene,” Dr. Karl E. Williams, Allegheny County medical examiner, said yesterday. “The body was in a state of moderate decomposition.”
I still find it incredible that the police didn’t search the woman’s apartment UNTIL a journalist reported the smell. I would think there would be serious probably cause for such a search after the hospital reported the incident.
“According to NRCC, there was no apparent legitimate reason for the numerous large withdrawals or transfers of funds from the yearly President’s Dinner Committee Wachovia accounts to accounts held by Ward,” states a court document signed by U.S. Attorney Jeffrey A. Taylor and Assistant U.S. Attorneys Diane G. Lucas and William R. Cowden.
Mr. Ward has not been charged with any criminal wrongdoing. This week, he and his wife filed papers to contest a civil-forfeiture action against their property by the U.S. Attorney’s Office, which was filed in the civil division of federal court in the District. A message left at Mr. Ward’s home was not returned. His attorney, Ronald C. Machen, declined comment Friday.
If they find concrete evidence of wrong doing, they damn sure better charge him! I’m honestly getting sick of anyone connected in the political world thinking they are above the law! And there sure are a lot of them!
Al-Maliki was quoted in an interview with Germany’s Der Spiegel magazine published on its Web site yesterday as saying that Obama’s plan is “the right timeframe for a withdrawal, with the possibility of slight changes.”
Comments al-Maliki made to the magazine were “misunderstood and mistranslated” and were not “conveyed accurately,” al- Dabbagh said in the statement.
Remarks made by the prime minister or any member of the Iraqi government “should not be understood as support to any U.S. presidential candidate,” the statement said.
And of course, instead of checking the translation, i.e. actually doing their job, they just copied and pasted the mistranslated comments and ran with ‘em.
New York tax filers reporting more than $375,000 a year in earned income may end up paying nearly 60% of their wages in taxes to the government under a Barack Obama presidency, economists who have analyzed his plan said.
The Democratic presidential candidate is proposing not only raising the federal income tax, but also adding a Social Security tax for those Americans earning more than $250,000 a year. For New Yorkers, that could mean that if the current Social Security rate is applied, the marginal tax rate, or rate on every extra dollar earned, could rise to 58%.
“This is a very eye-popping number,” a resident scholar at the American Enterprise Institute, Alan Viard, said.
Eye popping is an understatement. If my math is correct, a person making 375K would only bring home around 150K. That’s damn near poverty level in a state like New York. And yet, none of the B. Hussein Kool Aid drinkers see a problem with him stealing money from those who earned it.
Reviews were excellent for director Christopher Nolan’s “Batman Begins,” but they were stellar for his “Dark Knight.”
“We’ve really never seen anything like this,” said Paul Dergarabedian, president of box-office tracker Media By Numbers. “The death of a fine actor taken in his prime, a legendary performance, and a movie that lives up to all the hype. That all combined to create these record-breaking numbers.”
Odds are, the movie wouldn’t be doing as well as it is if Ledger hadn’t died. But hey, I thought we were in a recession. You know, tight financial times and all. Just how much does it cost to go to a movie these days? I’ll see it when it comes out on DVD, or wait till it’s on one of the movies channels.
The political vision of a summer gas tax holiday died a quick death in Congress, losing to a view that federal excise taxes on gasoline and diesel fuel will have to go up if they go anywhere.
Ah yes, the ILlogic of the Dhimmi controlled Congress. People can’t afford to put gas in their cars, so why not raise the gas tax so they can afford even less! What a bunch of maroons!
Now, lawmakers quietly are talking about raising fuel taxes by a dime from the current 18.4 cents a gallon on gasoline and 24.3 cents on diesel fuel.
Oh yeah….that’ll really ease the pain at the pump. (insert EXTREME sarcasm here) I wonder how fiscally stupid you have to be these days to be an elected politician?
The 70-minute long questioning session can be summed up in this exchange, which took place about three-quarters of the way through the sitting:
Police: What we can tell you is that the contents of what [Olmert-confidante] Attorney Messer said jibe with the contents of what Talansky said, and with the diary/appointments book of your office, and with additional evidence in the case that we have gathered. What is your response to this?
Olmert: I do not know, I have to see this evidence, to see what is written, and according to that, to know how to answer your question.
Reckon he’s been getting pointers from the Shrilldebeast? This guy should have been tossed out on his keister a long time ago!
The video posted on the newspaper’s Web site is titled “Intihar” — or “suicide” — and opens with a photograph of the hostage wearing a football shirt. He is identified as “Jason” in a statement, signed “The Shiite Islamic Resistance in Iraq” that appears on screen. The statement, as translated by the newspaper, blames the British government for the status of the hostages.
“This procrastination and foot-dragging and lack of seriousness on the part of the British government has prolonged their psychological deterioration, pushing one of them, Jason, to commit suicide on 25/5/2008,” the statement said, according to the newspaper. “He surprised our brethren, who were taking care of him, with his suicide.”
The newspaper reported that the captors said say they regret the hostages death “but hold the British government responsible for the hostages’ fate.”
“Taking care of him”? Kidnapping and more than likely torture is NOT “taking care of him”. No offense, but why don’t the Brits go in there, blast a few villages to kingdom come, and demand their release? Oh, wait a minute….sorry, slipped my mind. These are the Brits who have bowed to Mecca with the thought as not to “offend” anyone.
The Arab League meeting in Cairo on Saturday criticized the International Criminal Court’s prosecutor for requesting the arrest of Sudanese President Omar al-Bashir.
Arab foreign ministers said that Sudan’s courts should judge alleged Darfur war crimes in a resolution following the crisis talks over the ICC prosecutor Luis Moreno-Ocampo’s request on Monday for Bashir to be arrested.
The resolution said that “effective justice will be realized with the follow-up of the Arab League and the African Union.”
I suppose all those dead people are “alleged”? Left to the Arab League and African Union, NOTHING will be resolved.
The Erotic Service Providers Union recently announced it had gathered the 12,000 signatures necessary to put the measure on the ballot after failing to get a similar initiative before voters in 2006.
Hookers have a union?
According to state Rep. Frank Niceley, a Tennessee amendment has been added to Ronald Reagan’s famous “11th commandment,” which declares “Thou shalt speak no ill of a fellow Republican.”
“Under the 12th Amendment, you can be mean to a Republican – if he votes for a Democrat,” said Niceley, who joined three GOP colleagues last week in issuing a news release denouncing fellow Republican Rep. Kent Williams, R-Elizabethton.
Once considered the party of the “right”, too many of said right have gone to the left. Yeah, I’d say when you break with your principles, serious criticism is in order. With, considering the recent crop of Republicans, give those like me a LOT of ammo. Now, if we could just find more on the left, who aren’t dihard Dhimmis to stand up against weaseling.
15 But in mine adversity they rejoiced, and gathered themselves together: yea, the abjects gathered themselves together against me, and I knew it not; they did tear me, and ceased not:
16 With hypocritical mockers in feasts, they gnashed upon me with their teeth.
17 Lord, how long wilt thou look on? rescue my soul from their destructions, my darling from the lions.
18 I will give thee thanks in the great congregation: I will praise thee among much people.
19 Let not them that are mine enemies wrongfully rejoice over me: neither let them wink with the eye that hate me without a cause.
20 For they speak not peace: but they devise deceitful matters against them that are quiet in the land.
21 Yea, they opened their mouth wide against me, and said, Aha, aha, our eye hath seen it.