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Eminent domain siezures of private property are acceptable:

Never.
- 13 (72.2%)
For public use (roads, etc) with just compensation
- 5 (27.8%)
For public use (roads, etc) without just compensation
- 0 (0%)
To give to other private parties to make "better" use of but with just compensation
- 0 (0%)
To give to other private parties to make "better" use of
- 0 (0%)
For any reason, with just compensation.
- 0 (0%)
For any reason with no compensation.
- 0 (0%)

Total Members Voted: 16


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Author Topic: Eminent Domain?  (Read 7480 times)

Reaper

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Eminent Domain?
« on: August 06, 2002, 06:16:27 pm »

I'd like to take a moment to get a sort of "sense of the board" if you will. I've got a few questions to put forward.  If you want to answer go ahead, or just ignore me.

I'm assuming we are all liberty leaning individuals here,  except for the inevitable government agents watching this board, our website and email discussion groups thanks to the new unconstitutional "powers" they've been given in the dispicable USA PATRIOT Act.  So, all you government surveillence agents, your not allowed to vote! I mean it!

(I'm not paranoid!  Really!!)  ::)

*Edited because I can't spell  :-\
« Last Edit: August 06, 2002, 06:19:28 pm by Reaper »
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Reaper
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EJ

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Re:Eminent Domain?
« Reply #1 on: August 07, 2002, 08:36:18 am »

I was very curious about this question.  I know that there has been a lot of talk about road privatization and so forth.

One of the cornerstones of our freedom is the right to own property.  But to make use of property, you cannot be 'landlocked".  You must have access to your property.  

So what happens IF roads are privatized, and someone ends up with no access to their land?  Will they be forced to sell to the person that has them surrounded?  Or will w maintain the property laws that give them access?

EJ

maestro

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Re:Eminent Domain?
« Reply #2 on: August 07, 2002, 09:01:28 am »

Glad to see that I'm not the only one who finds eminent domain occasionally necessary.  In a rural environment, it is not particularly important, but the infrastructure in a city is far more fragile and far more heavily taxed (usage, not money) and occasionally needs modification that cannot be done _without_ eminent domain.

On the other hand, it has been used for frivolous purposes more recently, so perhaps the laws should be rewritten to be more specific as to the acceptible use of eminent domain.
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marciesmom

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Re:Eminent Domain?
« Reply #3 on: August 07, 2002, 09:37:06 am »

Court interpretation is more crucial to restoring rights than making new laws.  Many of the laws on the books are perfectly adequate and get screwed up in the courts.
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Reaper

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Re:Eminent Domain?
« Reply #4 on: August 07, 2002, 09:46:23 am »


Court interpretation is more crucial to restoring rights than making new laws.  Many of the laws on the books are perfectly adequate and get screwed up in the courts.


Seems to me if there's room for such "radical interpretation" they are not actually adequate.
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Reaper
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JasonPSorens

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Re:Eminent Domain?
« Reply #5 on: August 07, 2002, 11:04:07 am »

Dex mentioned the common-law use of easements to allow people access over private property.  You wouldn't need eminent domain for that.  You should only be in favor of eminent domain if you think government should actually own property for some purpose.  (Well, some private utilities are also given eminent domain rights, but they would not suffer with it.)
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EJ

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Re:Eminent Domain?
« Reply #6 on: August 07, 2002, 11:10:25 am »

Eminent domain or common law easement.  The private property then really has the potential to not be private if deemed for the greater good.

If the easement does not exist when I purchase the property, would I be compensated when the easement is created?

EJ

JasonPSorens

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Re:Eminent Domain?
« Reply #7 on: August 07, 2002, 11:14:14 am »

Absolutely you should be compensated for any regulation that adversely affects the value of your property.

One example Robert Nozick gives is of an oasis in a desert.  Two people are walking together through the desert, dying of thirst.  One runs ahead and claims the oasis and says the other may not drink from it.  Even though the first has a property right in the oasis, he is morally obligated to let the other drink as much as necessary, and in fact, the latter has the right to use force if necessary to drink.  This goes back to Locke's idea that appropriation of private property is justified if and only if it leaves enough and as good for everyone else or makes no one else worse off.  Put more concretely, we might say that any appropriation that actually reduces someone below the level of utility enjoyed in a primitive society without property would be wrong.
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"Educate your children, educate yourselves, in the love for the freedom of others, for only in this way will your own freedom not be a gratuitous gift from fate. You will be aware of its worth and will have the courage to defend it." --Joaquim Nabuco (1883), Abolitionism
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