Quote:
Originally posted by Micah Foehammer:
TL, I thought the 5th amendment to the constitution in this case only applied to FEDERAL seizure of private lands (eminent domain and all that). How can local (i.e. city, county or state governments) governments sieze property in this fashion?
Willow, my understanding of "just compensation" simply implies that the former property owner receives payment which is 'approximately' equal to existing market value for his property.
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In what is called "reverse incorporation" the 5th Amendment is made applicable to the states through the 14th Amendment, as are all of the first 10 Amendments (the Bill of Rights). Don't warp your brain too much on this one.
Oh -- the local government is an extension of the state government. Any law applicable to the state, either in favor of it or against it, is applicable to your local city government. Which is why most states have passed local home rule laws or local government law. Note that the 11th Amendment makes all states immune from lawsuits -- states can only be sued where they have consented to be sued.
Also note that your understanding is a wee bit arse-backwards. The 5th Amendment, as applied to a state, is a LIMIT to power. Without it, the state could seize your property, which was its property to begin with (in theory), with or without compensation. The Amendments are LIMITS to power, not GRANTS of power.
[ 05-08-2003, 04:12 PM: Message edited by: Timber Loftis ]