Date: Fri, 6 Aug 2010 19:15:28 -0500
Reply-To: mcneely4@COX.NET
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Dave Mcneely <mcneely4@COX.NET>
Subject: Re: Mexico - big problem update
In-Reply-To: <d596f.68c2b40b.398df33f@aol.com>
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the case that Loren referred to was in Rhode Island, I think. A local community took a number of properties through eminent domain and turned them over to a developer for a mall or something of that nature. The justification given was that the properties better served the needs of the community that way, because the project would contribute to the economic well being of the community. Eminent domain had previously been for public works only, such as a new road or school. Plaintiffs contended this traditional use was legal, but that transfer of the property to a private party for its use was not.
The case went to U.S. Supreme Court, and the local government won, the court ruling that "public good" justified the taking.
'Twas guite controversial, lots of negative publicity all over the country. There has not been another case of a local government doing this, and I doubt that any public officials who followed the practice would survive in office. But it did happen, and the court did go along with it.
But, the situation is quite different from the police barging in and taking over out of the blue, throwing people out and confiscating their personal property as was reported to us for the case in Mexico. Freedom to own property may have been abridged in the New England case, but not to the extent that we are being told is the case in Mexico. But -- what is ownership of property? As Don said, sometimes people believe they own property, but they don't. That is even true in the U.S. sometimes. That's why banks require title insurance in order to make a property loan.
It is true even with vehicles (personal property rather than real property).
Dmc
---- Frank Condelli <RAlanen@AOL.COM> wrote:
> In a message dated 06/08/2010 7:16:04 P.M. Eastern Daylight Time,
> starwagen@gmail.com writes:
>
> Well, that SUCKS big time. I was unaware of that >small< detail
> as I guess many others are !
>
> >>>>>As a matter of fact we in the US are now subject to exactly that kind
> of shenanigan!! Just a couple of years ago the US Supreme Court ruled
> that local bureaucrats can confiscate any piece of property they want at any
> time they want if it's for the economic good' of the community and then
> give it to anyone they choose. See the ruling regarding Eminent Domain.<<<<<
>
>
>
>
>
> Cheers,
>
> Frank Condelli
> Almonte, Ontario, Canada
> '87 Westy & Lionel Trains (_Collection for sale_
> (http://frankcondelli.com/trainsal.htm) )
> _Frank Condelli & Associates_ (http://frankcondelli.com/busindex.html) -
> Vanagon/Vanagon Westfalia Service in the Ottawa Valley
> _Vanagon Stainless Steel Exhaust Systems_
> (http://frankcondelli.com/exhaust.htm)
> _BusFusion_ (http://www.busfusion.com/) a VW Camper camping event,
> Almonte, ON, June 10 ~ 13, 2010
--
David McNeely
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