EMINENT DOMAIN
Cruz and Trump are locked in a battle in South Carolina and one of the bones of contention seems to be eminent domain.
Cruz brought it up in New Hampshire. He and Trump went at it for a short while and neither of them made their case properly.
There is no doubt that Trump did attempt to use eminent domain to oust a little old lady from her home of many years in order to build a parking lot for his casino in New Jersey.
Cruz, quite naturally, brought it up during the debate and a small tiff ensued.
When they got to South Carolina, Cruz put out an ad that pinches Trumps toes regarding eminent domain. But the ad is deceptive. It does not address the real issue. Cruz apparently sees the issue as a political issue. But it is far more that that. It is a constitutional issue.
The real issue is whether the government can take a person's property and then turn it over to a commercial enterprise. The constitution flatly says no, the Supreme Court backhandedly said yes. So many states have reinforced their laws regarding eminent domain. Those who have done so have done well in protecting their citizen's rights. Those who have not have been niggard and slothful in doing so.
One of the ten issues covered by the Bill of Rights denies the state from seizing private property. It has been so ingrained in our system of government that there was no question until some @(^%4# decided that he needed a parcel to complete his designs for a mall or a store or whatever it was. The property owner refused and the case went to court. Eventually the case went to the Supreme Court and it ruled in favor of the usurper.
No one seems to be overly upset about it. But I am. Just as I am upset about the proposed pooling deal that eh WV legislature seems hellbent on forcing. That would essentially state that if a company or combine was involved in fracking and everyone in the are had agreed to allow them access to their property but you did not, the state could force you to abandon your property to the drilling company under the forced pooling arrangement.
That is just wrong. As eminent domain is wrong when used to force anyone to abandon their property for the enrichment of another.
I'll fight it tooth and nail.
Cruz brought it up in New Hampshire. He and Trump went at it for a short while and neither of them made their case properly.
There is no doubt that Trump did attempt to use eminent domain to oust a little old lady from her home of many years in order to build a parking lot for his casino in New Jersey.
Cruz, quite naturally, brought it up during the debate and a small tiff ensued.
When they got to South Carolina, Cruz put out an ad that pinches Trumps toes regarding eminent domain. But the ad is deceptive. It does not address the real issue. Cruz apparently sees the issue as a political issue. But it is far more that that. It is a constitutional issue.
The real issue is whether the government can take a person's property and then turn it over to a commercial enterprise. The constitution flatly says no, the Supreme Court backhandedly said yes. So many states have reinforced their laws regarding eminent domain. Those who have done so have done well in protecting their citizen's rights. Those who have not have been niggard and slothful in doing so.
One of the ten issues covered by the Bill of Rights denies the state from seizing private property. It has been so ingrained in our system of government that there was no question until some @(^%4# decided that he needed a parcel to complete his designs for a mall or a store or whatever it was. The property owner refused and the case went to court. Eventually the case went to the Supreme Court and it ruled in favor of the usurper.
No one seems to be overly upset about it. But I am. Just as I am upset about the proposed pooling deal that eh WV legislature seems hellbent on forcing. That would essentially state that if a company or combine was involved in fracking and everyone in the are had agreed to allow them access to their property but you did not, the state could force you to abandon your property to the drilling company under the forced pooling arrangement.
That is just wrong. As eminent domain is wrong when used to force anyone to abandon their property for the enrichment of another.
I'll fight it tooth and nail.
posted by tanstaafl | 5:56 PM
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