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Supreme Court OK's seizure of personal property

amarain

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Supreme Court OK's seizure of personal property
« on: June 23, 2005, 10:12:50 AM »
I think this is horrible. A huge step backward for the rights of private citizens.

InVinoVeritas

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Re: Supreme Court OK's seizure of personal property
« Reply #1 on: June 23, 2005, 10:16:26 AM »
i haven't read much in the way of the exact details surrounding the case, but as an intial reaction, i agree.  This sucks.

amarain

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Re: Supreme Court OK's seizure of personal property
« Reply #2 on: June 23, 2005, 10:18:15 AM »
I'm pretty shocked actually. I thought for sure it would go the other way. And I can't believe I'm agreeing with Scalia.

InVinoVeritas

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Re: Supreme Court OK's seizure of personal property
« Reply #3 on: June 23, 2005, 10:21:06 AM »
I'm pretty shocked actually. I thought for sure it would go the other way. And I can't believe I'm agreeing with Scalia.

and i'm disagreeing with ginsburg and breyer.  oh boy.  ;)

amarain

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Re: Supreme Court OK's seizure of personal property
« Reply #4 on: June 23, 2005, 10:26:06 AM »
I'm pretty shocked actually. I thought for sure it would go the other way. And I can't believe I'm agreeing with Scalia.

and i'm disagreeing with ginsburg and breyer. oh boy. ;)
I don't know what to believe anymore!

elemnopee

Re: Supreme Court OK's seizure of personal property
« Reply #5 on: June 23, 2005, 11:05:44 AM »
"Justice Sandra Day O'Connor, who has been a key swing vote on many cases before the court, issued a stinging dissent. She argued that cities should not have unlimited authority to uproot families, even if they are provided compensation, simply to accommodate wealthy developers."

That's exactly what this is going to do. 

Julee Fern

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Re: Supreme Court OK's seizure of personal property
« Reply #6 on: June 23, 2005, 11:53:04 AM »
I also oppose the decision, but this is really just an extension of existing policy.  They could already uproot familes and neighborhoods to build factories, etc.  They just called it "Blight" then, I guess.

Keep in mind that they have to compensate for anything they take, and the doctrine of eminient domain goes back quite a ways.

InVinoVeritas

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Re: Supreme Court OK's seizure of personal property
« Reply #7 on: June 23, 2005, 12:02:05 PM »
I also oppose the decision, but this is really just an extension of existing policy. They could already uproot familes and neighborhoods to build factories, etc. They just called it "Blight" then, I guess.

Keep in mind that they have to compensate for anything they take, and the doctrine of eminient domain goes back quite a ways.

i think it's an overreaching interpretation of what has traditionally been the doctrine of eminent domain (which has been limited to clear public benefits).  and while monetary compensation may make up for some of the loss, i think there's more to losing one's house than merely economic loss.

elemnopee

Re: Supreme Court OK's seizure of personal property
« Reply #8 on: June 23, 2005, 12:04:30 PM »
Do they have to give a fair market rate, or the actual market rate.  

Houses that go on the market in many areas get offers well above the asking price, so the actual market rate is higher than anticipated.

I'm nervous that city councils are going to plow through undesirable, low-income housing and sell the land to developers to build giant high-rise condiminiums.  

Julee Fern

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Re: Supreme Court OK's seizure of personal property
« Reply #9 on: June 23, 2005, 12:15:18 PM »
Do they have to give a fair market rate, or the actual market rate.  

Houses that go on the market in many areas get offers well above the asking price, so the actual market rate is higher than anticipated.

I'm nervous that city councils are going to plow through undesirable, low-income housing and sell the land to developers to build giant high-rise condiminiums.  


I'm not sure how fair market value differs from actual market rate. 

Sure, someone may underprice their home, or they may overprice it.  The trick is to first establish what someone would actually pay for it.