Comments on: I hear this one all the time http://www.saysuncle.com/2006/08/08/i_hear_this_one_all_the_time/ Remember, I do this to entertain me... not you. Tue, 14 Feb 2012 03:14:31 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Standard Mischief http://www.saysuncle.com/2006/08/08/i_hear_this_one_all_the_time/comment-page-1/#comment-111698 Standard Mischief Wed, 09 Aug 2006 00:41:56 +0000 http://www.saysuncle.com/archives/2006/08/08/i_hear_this_one_all_the_time/#comment-111698 tgirsch, It's true that the Fed-Gov was not granted the power to take private property for private use. So I would have to say in that case, that the state's constitution must specifically grant the state government the power to take private property for private use, otherwise that right resides with the landowner. As an aside, way back when, Franklin D. Roosevelt wanted to buy Sugerloaf Mountain, here near D.C., for use as a Presidential retreat. However, Gordon Strong wasn't interested in selling. I'm pretty amazed that FDR didn't grab it anyway (for public purposes, of course), because he sure as hell ran a bunch of families off their land so he could create his great east coast national park (Shenandoah). I guess they were just a bunch of yokels anyway (kidding). tgirsch,

It’s true that the Fed-Gov was not granted the power to take private property for private use.

So I would have to say in that case, that the state’s constitution must specifically grant the state government the power to take private property for private use, otherwise that right resides with the landowner.

As an aside, way back when, Franklin D. Roosevelt wanted to buy Sugerloaf Mountain, here near D.C., for use as a Presidential retreat. However, Gordon Strong wasn’t interested in selling. I’m pretty amazed that FDR didn’t grab it anyway (for public purposes, of course), because he sure as hell ran a bunch of families off their land so he could create his great east coast national park (Shenandoah). I guess they were just a bunch of yokels anyway (kidding).

]]> By: tgirsch http://www.saysuncle.com/2006/08/08/i_hear_this_one_all_the_time/comment-page-1/#comment-111600 tgirsch Tue, 08 Aug 2006 19:50:19 +0000 http://www.saysuncle.com/archives/2006/08/08/i_hear_this_one_all_the_time/#comment-111600 Well, from a strict construction point of view, there's no prohibition whatsoever on takings for private use. It simply says that <i>if</i> land is taken for <i>public</i> use, fair compensation must be offered. It says nothing whatsoever about takings for non-public use. Presumably, whether this can happen (and what must happen if it does) is an issue for the states. From a strict construction perspective, of course... :) Well, from a strict construction point of view, there’s no prohibition whatsoever on takings for private use. It simply says that if land is taken for public use, fair compensation must be offered. It says nothing whatsoever about takings for non-public use. Presumably, whether this can happen (and what must happen if it does) is an issue for the states. From a strict construction perspective, of course…

:)

]]> By: PLF on Eminent Domain http://www.saysuncle.com/2006/08/08/i_hear_this_one_all_the_time/comment-page-1/#comment-111583 PLF on Eminent Domain Tue, 08 Aug 2006 17:29:38 +0000 http://www.saysuncle.com/archives/2006/08/08/i_hear_this_one_all_the_time/#comment-111583 <strong>I Thought The Constitution Was Supposed to Protect Us From Government</strong> by Timothy Sandefur Did everyone see Washington Post writer Andrew Cohen's we're from the government and we're here to help attitude toward eminent domain? It's darkly amusing how the left is trying to spin eminent domain reform. Oh, we think I Thought The Constitution Was Supposed to Protect Us From Government

by Timothy Sandefur Did everyone see Washington Post writer Andrew Cohen’s we’re from the government and we’re here to help attitude toward eminent domain? It’s darkly amusing how the left is trying to spin eminent domain reform. Oh, we think

]]> By: Tennessee Values Authority http://www.saysuncle.com/2006/08/08/i_hear_this_one_all_the_time/comment-page-1/#comment-111577 Tennessee Values Authority Tue, 08 Aug 2006 14:55:28 +0000 http://www.saysuncle.com/archives/2006/08/08/i_hear_this_one_all_the_time/#comment-111577 I don't know if the "stoopid liberal judges" were any more or less culpable than the "conservative judges" in this particular case. I do know, however, that it seems lately whenever the courts have an opportunity to assert that a constitutional amendment means something, they usually don't. As someone else once said, let the Iraqis have our Constitution. It's a pretty good one and we're apparently not using it anymore. I don’t know if the “stoopid liberal judges” were any more or less culpable than the “conservative judges” in this particular case. I do know, however, that it seems lately whenever the courts have an opportunity to assert that a constitutional amendment means something, they usually don’t. As someone else once said, let the Iraqis have our Constitution. It’s a pretty good one and we’re apparently not using it anymore.

]]> By: ben http://www.saysuncle.com/2006/08/08/i_hear_this_one_all_the_time/comment-page-1/#comment-111572 ben Tue, 08 Aug 2006 14:29:51 +0000 http://www.saysuncle.com/archives/2006/08/08/i_hear_this_one_all_the_time/#comment-111572 Yeah, and it was the stoopid liberal judges too. Photon torpedos away! Yeah, and it was the stoopid liberal judges too. Photon torpedos away!

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