Current Events — HabitableZone

Current Events » in reply to CNN: "High court OKs personal property seizures"

Going back to the point that language has meaning and misuse leads to emotional misunderstanding..
Publius — (archived)

To start with the decision you state does NOT refer to "personal property seizures." The subject here was the taking of real property, which has been the law in every state since the building of the Boston Post road.

At issue was extending the existent right of eminent domain definition of how broad elected officials could interpret the "public good." Previously, in most areas, public good has not been held to include economic benefits to the public. Actually, this isn't much of a stretch beyond taking real estate to build a football stadium.

The condemnation laws of every state contemplate a just compensation taking and here in Florida, if you don't agree with money being paid for the taking, or the damages the taking authority are offering, Florida pays for your attorney fees, appraisal fees, and the fees of any other expert witness you want to present your case and you do this in front of a thirteen man jury. (12jurors, plus one permanent alternate.)

The obligation of the condeming authority is to make the person whose property is taken, whole--ie as well off after the taking as he was before. This includes not only the value of the real estate but loss of business costs, relocation of business expenses and damage to the remainder if the property taken is only part of the ownership.

And at law, the court has the right to hear arguments that the exercise of eminent domain was not in the public interests. This ruling did not change that, it merely allowed economic benefits to be ample consideration for a taking.

So, bribing a local official might get your ticket fixed, but it isn't going to get your property taken for an enterprise zone. Paranoia doesn't breed understanding.

No personal property is involved here. After all, there is a difference between personal and real property. Once you can deal with that, realize it is not a simple process for a governmental agency or authority to take property to build a highway, school, or flood property to restore the Everglades. And keep in mind, the property owner is well paid for the loss of his property in all jurisdictions.

Try to get over your hurt that a system of law recognizes the concept of "public good."

Publius

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