Defense against eminant domain??

[SnowRidge]

<font color="red"> What are the laws in Tennessee regaring eminent domain? </font>

The Supreme Court ruling has stirred up a hornet's nest here. A lot of land taken under eminent domain by the TVA has ended up in private developers' hands, and there are a lot of very hard feelings here.

Consequently, there are active efforts underway in state government to both pass laws and amend the state constitution to prohibit the use of emininent domain for any form of private use. I believe that one or both efforts will succeed.

Of course, that won't prevent any more TVA shenanigans, since they are a federal entity, but it will set a tone that even that bunch won't be able to ignore, and it will keep the developers from trying to strong arm the state or county into condemning land for private use.

 

[Sigarms]

Thats a TRUE Texan! /forums/images/graemlins/smile.gif

No reason to get the local S.W.A.T involed in you affairs /forums/images/graemlins/shocked.gif

Find out the person/persons who are in "charge" of using the goverment to legally take your land, and take it from there /forums/images/graemlins/wink.gif

 

[MikePA]

<font color="blue"> Consequently, there are active efforts underway in state government to both pass laws and amend the state constitution to prohibit the use of emininent domain for any form of private use. I believe that one or both efforts will succeed. </font>
The sad thing is, this shouldn't be needed. The fifth ammendment is abundantly clear.

"... nor shall private property be taken for public use, without just compensation."

Government can not take private property and give it to another citizen just because doing so will generate more tax revenue.

 

[LMTC]

</font><font color="blue" class="small">( Nothing you can do about it. Period. )</font> That's what King George said. There is plenty, but most of us aren't up to it.

 

[turnkey4099]

</font><font color="blue" class="small">( <font color="blue"> Consequently, there are active efforts underway in state government to both pass laws and amend the state constitution to prohibit the use of emininent domain for any form of private use. I believe that one or both efforts will succeed. </font>
The sad thing is, this shouldn't be needed. The fifth ammendment is abundantly clear.


"... nor shall private property be taken for public use, without just compensation."

Government can not take private property and give it to another citizen just because doing so will generate more tax revenue. )</font>

Now if you can just explain that to the Supremes.

Harry K

 

[heehaw]

that just compensation amounts to the appraised value: so they are free to do as they wish: when they took my folks property, my name is on the deed, so i had to sign off on it too, if it had been up to me, i would have rather let them keep their "just compensation" so i could say they stole the land for the rest of my life, but it was causing so much stress on my mom, i signed and we went on. i did tell them i would buy all the land they could find around there for that price, they didn't think it was very funny.
heehaw

 

[Junkman]

When the State took my fathers land back in 1954 for the Turnpike, they couldn't agree on the price, so they just took the land and battled it out for the next 3 years. In the end, he received about 3 times what they had originally offered and they returned all the minerals from the ground that belonged to him. There was a lead smelting plant on the property for over 75 year and in the process of excavating the land for the highway piers, they found that as a result of cracks in the furnaces, lead had seeped into the ground. As it was dug out, they trucked it to his new location. What I find strange is that the street address for the old plant is listed today as a hazardous waste site waiting to be cleaned. To do any cleaning, they will need to remove the highway first. I doubt that anyone ever even looked at the site since the street is no longer there, having been replace by the highway. I can't say for certain, but my best guess is that some hazardous waste sites are just referenced from old records.

 

[RonL]

Junkman

There are indeed some very severe S turns in I290. However, they go around the athletic fields of the College of The Holy Cross, not Assumption College. Holy Cross College is a Jesuit institution.

RonL

 

[Junkman]

Thanks Ron...... I should have known that, but I just made the wrong Assumption.... /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif With all the colleges in Worcester (7) it is easy to get them mixed up.
Worcester lays claim to being the birthplace of barbed wire, the monkey wrench, the smiley face, and the space suit. /forums/images/graemlins/crazy.gif

 

[riptides]

</font><font color="blue" class="small">( "... nor shall private property be taken for public use, without just compensation."

Government can not take private property and give it to another citizen just because doing so will generate more tax revenue.
)</font>

It is the compensation part everyone is hung up on. The fifth should have left that out.

Proper compensation - today - is a one time, value thing at a particular moment in time.

The current owner is awarded shall we say - fair market value, and walks. They get nothing from the possible income potential of their property after that.

Here in the commonwealth, in my area, an acre of farmland has a FMV of 10k. Now, IF, I can get rezoned, I could be asking 50-250k an acre. Do I have a chance at rezoning? HAH. Does a developer? More likely.

Therein lies the problem with the fifth, and the eminent domain rules in the commonwealth.

Wonder why I keep using commonwealth? /forums/images/graemlins/grin.gif

-Mike Z. /forums/images/graemlins/grin.gif