eminent domain used to build a ballpark

[Jaime]

But did O'Connor like ballparks?

If not I'm glad she's retiring.

[jasJis]

[quote name='Sojourner' date='Oct 10 2005, 09:59 AM'] saving electrons... refer to her quote above
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[/quote] Sojourner,
If I'm reading it correctly, it seems that the Supreme Court basically threw the ball back to the States and said it was the State's right and responsibility to determine "public use"? The 3 dissenters felt that possibly there should be a Federal definition or guideline for "public use"?

[Sojourner]

[quote name='jasJis' date='Oct 10 2005, 10:23 AM']Sojourner,
If I'm reading it correctly, it seems that the Supreme Court basically threw the ball back to the States and said it was the State's right and responsibility to determine "public use"?  The 3 dissenters felt that possibly there should be a Federal definition or guideline for "public use"?
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[/quote]
The four dissenters felt the courts should serve as a check on local government determinations about employing eminent domain, while the majority held that it should be up to a local jurisdiction (and this generally means a city or town, rather than a state) to determine when and if eminent domain is appropriate.

In Indiana, we have statewide restrictions on the use of eminent domain, but the actual employment of such powers generally falls to local legislative bodies, i.e., city or county councils. Because these bodies have a more intimate knowledge of the circumstances surrounding a given case, the high court said they should be the ones making a determination about when eminent domain should be used. They're saying the court's role should be limited to ensuring the process is free from corruption.

In other words, the court is deferring to the judgement of the legislative body in question -- in this case the city council of New London -- and leaving their determination in place. Contrary to people's assertions that these are "activist judges" they actually made the determination based on how they perceived their jurisdiction in relation to the legislature's jurisdiction. It's really a decision based on definitions of separation of powers.

[Kilroy the Ninja]

We are probably going to lose our home to eminent domain so the state can build a highway from Houston to Angleton. (I'll find out for sure tomorrow.)

So people who make far more money than we ever will can get to their overpriced homes faster.


What's a nice quiet, urban neighborhood with older, smaller, less expensive houses when compared to a deluxe gated community of luxury homes too far away from a major city to be called a "suburb"?

If they paid us top market dollar for this house we would probably still not be able to afford the house note on a house in a nicer area. Not on a Catholic school teacher's salary.

But at least it's for a highway. Oh, wait.. let me correct that... a toll way.

Eminent domain blows. No matter what it's for.

[Aloysius]

amen.

I'm surprised Don John's not threatening armed resistance

[jasJis]

Sojourner,
Now I'm way up in the air. I much prefer local control, but that lends itself to abuse by vocal minority. Politicians can all be corrupted, whether local or State. I live in a developed County, so it would be hard for locals to get away with much, but what about a smaller County?

Kilroy,
Give you a few hints from being in the road business for 20+ years. If you are very sure of the limits of demolition, start looking at homes in your area just outside the construction limits. You should be able to find something that is equitable in price. It's possible you can negotiate and set a price now, based on what your house will get government purchased for and then lock in the purchase. The other person may be wanting to sell or get out just so they won't be by the highway. This is assuming you can live near the highway (which isn't too bad if you're not too close to the exit ramp). Get a friend who is a real-estate lawyer. You may not know one know, you have to start asking around. I've heard of people "trading houses" so that a person who's house is being torn down uses the money to buy a house from someone who doesn't want to live near the highway. If you wait too long, there will be a glut on the market as people bail, then prices will go up as desirability rises (even if it isn't a gated community) because of proximity to highways and high paying jobs. There's no denying that it's going to probably hurt you, but effort and planning will do much to minimize the damage.

[Sojourner]

[quote name='jasJis' date='Oct 10 2005, 11:37 AM']Sojourner,
Now I'm way up in the air.  I much prefer local control, but that lends itself to abuse by vocal minority.  Politicians can all be corrupted, whether local or State.  I live in a developed County, so it would be hard for locals to get away with much, but what about a smaller County?
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[/quote]
I live in a developed county as well, and I know that Indianapolis/Marion County does more eminent domain than probably any other county in the state. In fact, they've just initiated a bunch of ED actions in order to facilitate construction of the shiny new Colts stadium. It means some people will lose houses and businesses which have been around for many decades.

In my opinion, it's easier to track such actions in smaller counties. Government is smaller and less complex, and people aren't as distracted by other things going on in a community. Here, government is VERY complex -- Indianapolis/Marion County has something like 61 separate taxing districts. As a state, we've had lots of problems with corruption in Lake County (up near Chicago) as well -- the second most populous county in the state. It seems to me that the sheer size and complexity of government in a more heavily populated area lends itself to political corruption -- although smaller towns and cities aren't immune from it by any means.

[Guest T-Bone]

[quote name='Kilroy the Ninja' date='Oct 10 2005, 10:09 AM']We are probably going to lose our home to eminent domain so the state can build a highway from Houston to Angleton.  (I'll find out for sure tomorrow.)

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[/quote]

Read [i]Road Work[/i] by Richard Bachman (Stephen King). Not to give you any ideas, but you might want to try that.

[Kilroy the Ninja]

Thanks jas and T-bone.....

Don John isn't nearly as upset about this as I am, but I suppose all things happen for a reason.

I will be looking into our "options".