Anyone familiar with Eminent Domain laws? They want my neighborhood!

Razmear

Member
Joined
May 21, 2007
Messages
4,023
Please check this post in General Politics:

http://www.ronpaulforums.com/showthread.php?t=141410

I posted it initially to gripe about the IPMC being used to tell me how long I can cut my grass, but now it seems that Anderson County is targeting my entire neighborhood in an effort to use the IPMC (International Property Maintenance Code) to assess liens on everyones property so that a company can buy up our property to build a plant here without having to use Eminent Domain laws.

Please concentrate replies and info in that thread cuz this isn't really a 'grassroots issue' even tho the bastards seem to want to take my house away.

eb
 
This is why you should rent....or if you have a home you shouldn't have equity on it...gives your county thieves something to steal.
 
This is why you should rent....or if you have a home you shouldn't have equity on it...gives your county thieves something to steal.

Hah... Don't own anything so there's nothing to steal. Brilliant.

I will become a bum, just so nothing can be taken away.

I become a violent insurgent? The State could gain nothing.

Damn, I'm tired.
 
Eminent Domain Laws : They take what they want.

This is pretty much true, but you can make it harder and much longer for them. You need an attorney (of course). There are a lot of things on the internet about this. One township's pleadings are at
http://www.taosgov.com/legalordinances/resolutions/2005/res05-37.htm

They have to prove it is for the public good if you fight it, I guess. People need to get together. You will probably lose, but like the RP candidacy, it is worth fighting for and not just giving it up without it.
 
Hah... Don't own anything so there's nothing to steal. Brilliant.

I will become a bum, just so nothing can be taken away...
This works (very well) for a while, but doesn't build a great future.


^^^^^^^^^^^^

...All right. You're walking along—not
a nickel in your jeans—free as the
wind
—nobody bothers you—hundreds
of people pass yuh by in every
line of business—shoes, hats,
automobiles, radio, furniture,
everything. They're all nice,
lovable people, and they let you
alone. Is that right?

CLOSE-UP: Of BEANY—nodding his head, bewildered.

COLONEL'S VOICE
Then you get hold of some dough,
and what happens?

BEANY instinctively shakes his head.

TWO SHOT: The COLONEL takes on a sneering expression.

COLONEL
All those nice, sweet, lovable
people become heelots. A lotta
heels.
(mysterioso)
They begin creeping up on you—trying
to sell you something. They've got
long claws and they get a strangle-
hold on you—and you squirm—and
duck and holler—and you try to
push 'em away—but you haven't got
a chance—they've got you! First
thing you know, you own things. A
car, for instance.

BEANY has been following him, eyes blinking, mouth open.

COLONEL
Now your whole life is messed up
with more stuff—license fees—and
number plates—and gas and oil—and
taxes and insurance—

CLOSE SHOT: Of the LUGS at the door. One of them listens
with a half-smile on his face. The other, more goofy, looks
bewildered. He has been listening—and now, slowly rises,
ears cocked, frightened by the harrowing tale. CAMERA
retreats before him—as he slowly walks nearer to BEANY and
the COLONEL. Meantime, we continue to hear the COLONEL'S
voice.

COLONEL'S VOICE
and identification cards—and
letters—and bills—and flat tires—and
dents—and traffic tickets and
motorcycle cops and court rooms—and
lawyers—and fines—

WIDER SHOT: The LUG steps up directly behind BEANY—and the
two horrified faces are close together—both staring at the
COLONEL.

COLONEL
And a million and one other things.
And what happens? You're not the
free and happy guy you used to be.

You gotta have money to pay for
all those things—so you go after
what the other feller's got—
(with finality)
And there you are—you're a heelot
yourself!

CLOSE SHOT: Of the two heads of BEANY and the LUG. They
continue to stare, wide-eyed, at the COLONEL.

WIDER SHOT: As JOHN approaches the COLONEL.

JOHN
(smiling)
You win, Colonel. Here's the fifty.
Go on out and get rid of it.

COLONEL
(as he goes)
You bet I will! As fast as I can!
Gonna get some canned goods—a
fishing rod, and the rest I'm gonna
give away....




........
MEET JOHN DOE

screenplay
by Robert Riskin

based on a story by
Richard Connell and Robert Presnell
 
Hah... Don't own anything so there's nothing to steal. Brilliant.

I will become a bum, just so nothing can be taken away.

I become a violent insurgent? The State could gain nothing.

Damn, I'm tired.

"Freedom's just another word, for nothing else to lose..."
 
Questions


1. What does your township ordinances say?

2. Is your home in a sub-division, or are you a member of a neighborhood association?

Even in Eminate domain cases, the authority that is trying to take your property cannot do so without just compensation. They have to pay the owner what the property is worth on the open market. A property owner has the choice of either accepting the offered amount or fighting them in the courts for a more reasonable price or just not wanting to sell altogether.

Now if they were to put a lien on your property, other than a property tax lien, then it just stays there until you go to sell your property, at which time it must be paid to give the buyer a clear title.
 
International Property Maintenance Code aka IMPC

Hey but guess what... you don't see the county/city/state governments seizing all the FORECLOSED properties with weeds growing 3 feet high, even though the same city/county/state/FEDS and BANKS own the property.

A prefect example of America's NEW DOUBLE STANDARDS... one for the individual and the other for Government and Corporations (especially BANKS/FINANCIAL INSTITUTIONS)

We are all so screwed by the TYRANNY of this GOVERNMENT! (at ALL levels)
 
I would actually like to see a digital photo of your yard/lawn posted just to see what your local government is griping about. It's one thing to do whatever you want with your property within appropriate zoning boundaries. However, if your property is becoming a nuisance or an eyesore, which arguably has a negative effect on your neighbors' properties, then your local government may not be unreasonable. Again, a photo of your yard/lawn would be helpful (need a point of reference to see how high the grass is, etc.)
 
I would actually like to see a digital photo of your yard/lawn posted just to see what your local government is griping about. It's one thing to do whatever you want with your property within appropriate zoning boundaries. However, if your property is becoming a nuisance or an eyesore, which arguably has a negative effect on your neighbors' properties, then your local government may not be unreasonable. Again, a photo of your yard/lawn would be helpful (need a point of reference to see how high the grass is, etc.)
The OP stated that the neighborhood was threatened and wanted, probably by some corporation "better use" ( so called ).

It's often much cheaper to just buy the politicians. :p
 
Please concentrate replies and info in that thread cuz this isn't really a 'grassroots issue' even tho the bastards seem to want to take my house away.

eb

Since when is private property rights not a grassroots problem?:confused:
 
The OP stated that the neighborhood was threatened and wanted, probably by some corporation "better use" ( so called ).

It's often much cheaper to just buy the politicians. :p

I'm an attorney familiar with eminent domain laws (it does vary from state to state and I am only licensed in Michigan so don't rely on what I am posting as legal advice). If the local government says they are going to seize the property via eminent domain, then they can do so without assessing fines or liens on one's property for overgrown grass/weeds.

In fact, the 5th Amendment expressly permits or recognizes a government's right to seize a person's property so long as that property owner is justly compensated. Litigation arises when the property owner does not feel the proffered compensation is "just" or "reasonable."

Also, the U.S. Supreme Court ruled in Kelo v New London that a local government can seize property from a private owner and convey it to another private party if the public will benefit (in this case a bigger tax base). Since there was backlash against such ruling, various states have passed new eminent domain laws restricting local governments from seizing property from a private owner to convey to another private party simply for increasing the local property tax base.

In this OP's particular case, I suspect the notice regarding tall weeds/grass is unrelated to the local government's intent to seize private property. All the OP has to do is simply cut his grass/lawn to avoid the fine or lien. Regardless, the local government can still take steps to invoke eminent domain laws to seize the OP's property regardless of weeds/grass.
 
I'm an attorney familiar with eminent domain laws (it does vary from state to state and I am only licensed in Michigan so don't rely on what I am posting as legal advice). If the local government says they are going to seize the property via eminent domain, then they can do so without assessing fines or liens on one's property for overgrown grass/weeds.

In fact, the 5th Amendment expressly permits or recognizes a government's right to seize a person's property so long as that property owner is justly compensated. Litigation arises when the property owner does not feel the proffered compensation is "just" or "reasonable."

Also, the U.S. Supreme Court ruled in Kelo v New London that a local government can seize property from a private owner and convey it to another private party if the public will benefit (in this case a bigger tax base). Since there was backlash against such ruling, various states have passed new eminent domain laws restricting local governments from seizing property from a private owner to convey to another private party simply for increasing the local property tax base.

In this OP's particular case, I suspect the notice regarding tall weeds/grass is unrelated to the local government's intent to seize private property. All the OP has to do is simply cut his grass/lawn to avoid the fine or lien. Regardless, the local government can still take steps to invoke eminent domain laws to seize the OP's property regardless of weeds/grass.

Sorry Counselor, who establishes "justly compensated"? Tyranny is tyranny in my book! TP would understand. :) BTW, thanks for the info. ;)
 
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I've had private property seized to balance municipal budgets...trying to go after things they assume you no longer care about. Like my socialist friends who take over my personal space and use my things because "I don't use them". I paid for it, and it's mine. If you don't ask me, I'll sue your ass for every last goddamned dingleberry.
 
Hah... Don't own anything so there's nothing to steal. Brilliant.

I will become a bum, just so nothing can be taken away.

I become a violent insurgent? The State could gain nothing.

Damn, I'm tired.

I didn't say you shouldn't own anything...what I meant is that you shouldn't make it so easy for the county thieves to steal your stuff.
 
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