Cities seize private property for developers

[Timber Loftis]

Originally posted by MagiK: Thinking about this is very likely going to just Pi** me off so I think Im gonna call it a day [img]smile.gif[/img] See you all tomorrow.

My work here is done.

Actually, Messrs. Muppets, have a great night. Call me if the revolution begins anytime soon - I wouldn't want to miss it. I'll bring the whiskey. [img]graemlins/thumbsup.gif[/img]

[Sir Taliesin]

In my line of work, I see this going on all the time. Not long ago, a local County Industrial Board decided that they needed a farm for a new industrial park they were planning. Never mind that the farm was from an old Land Grant when this area was still a territory. It had remained in the family for over two hundred years! The Industrial board got together with the County Commission and offered to purchase the land from the family. They said it wasn't for sale and the County Commission condemned the land. As it stands now the original farm had been divided amoung three kids after their father died. Two of them after some long negotations agreed to accept the offer from the County. The last took it to court and promptily lost. He appealed and that's where it stands now. He has the old home site and has built another very nice home next to that, but my guess is that he will lose in the end. I, for may part, hate like hell to work on any project where this has happened.

Around this parts, most comdemnations happen over industrial parks. Most of the Urban Renewal progects happened here in the late fifties and sixties. The State will still condemn property, but mostly for roads. Here in Tennessee, the Utility companies also have "Right of Eminent Domain", as do Railroads (one of the biggest and greediest users there ever was).

Another local case concerned the City of Knoxville. They decided they needed a new ball field... out in the county, mind you. Again it was another old farm. Been in the family something like 130 years. The old man who owned it said HELL NO! So the City attempted to condemn the place. The Knox County Commission stepped in and said "Not so fast". They threatened to sue the City if they went ahead, citing lack of jurisdection. The City backed down and built their new field on another peice of property where the owner was welling to sale. So sometimes the Local Government can be your friend.

[ 05-08-2003, 04:48 PM: Message edited by: Sir Taliesin ]

[Timber Loftis]

Sir T, there is one silver lining you have when all of these woes come crashing down on your head: you are a full 10 hours closer to the Big South Fork than I am. As far as I can tell, you're winning.

But, when the revolution comes, may I place your name on the placard?

[edit:] Except in the summer. Snakes rule. I won't visit the BSFNRRA between May and August because of the 7 snakes I almost stepped on in a three-day span in 1995.

[ 05-08-2003, 04:57 PM: Message edited by: Timber Loftis ]

[Kakero]

Some people want a share of the pie, if they don't get it, they'll come in and get the whole piece of the pie.

[Sir Taliesin]

I'd love to go camping up there, but right now we are in the middle of Girls softball, which is taking up every 'freakin' weekend!

I've run into a rattler or two up there as well. Nothing like a big ole Diamondback Rattler to get your attention while hiking down the trail!

For those of you who have never heard of Big South Fork, look here!

http://www.nps.gov/biso/

It's a beautiful area to the northwest of Knoxville. Great place to visit! you can do a little bit of everything there!

[Sir Kenyth]

One problem is that I don't think you ever see someone getting fully compensated for their loss. The word "approximate" apparently has a lot of play in it. First, once it's known that constuction will happen in an area, the property values for homes have to fall drastically. Do they then pay you this reduced rate as "compensation"? I think they do! I tell you what would make them think twice about seizing peoples homes is if they had to pay 120-150% market value for the priveledge plus relocation expenses. That would keep frivolous crap out of the mix. My late grandparents were kicked out of their home to make room for the itty bitty airport to expand their runway. They tore up a bunch of homes and the road. You know what's funny? Fifteen years later the seized land is forested over because it never happened! How stupid was that!

[Timber Loftis]

That, Sir K, is the blindingly swift pace of governmental efficiency hard at work. [img]graemlins/thumbsup.gif[/img]

[Thorfinn]

In most cases, though, particularly those that get any attention, the property is not taken for public use, but is instead transferred to individuals with the proper political connections.

Also, there is one other protection -- that people may not be deprived of their property without due process. Believe it or not, the people do have the power to stop the government confiscations, by ruling in favor of those whose land is being taken, but the system is quite happy to dismiss any potential jurors who understand this, and what passes for civics classes in public schools fails to teach the populace about their duty to restrict government and critically analyse the taking of each property, rather than just rubber-stamping the whims of the politicos.

[Sir Kenyth]

Originally posted by Thorfinn: In most cases, though, particularly those that get any attention, the property is not taken for public use, but is instead transferred to individuals with the proper political connections. Also, there is one other protection -- that people may not be deprived of their property without due process. Believe it or not, the people do have the power to stop the government confiscations, by ruling in favor of those whose land is being taken, but the system is quite happy to dismiss any potential jurors who understand this, and what passes for civics classes in public schools fails to teach the populace about their duty to restrict government and critically analyse the taking of each property, rather than just rubber-stamping the whims of the politicos.

Amen brother! A trial by your peers is your right, and they've turned it into something you dare not ask for because of the financial punishment if you lose. You're already losing substantial equity in the home. To risk liability for court and legal costs is enough to make you sweat! Most prefer to take the bullet and proceed meekly.