Internetworkers: http://www.ibiblio.org/internetworkers/

["Shea Tisdale" <shea AT sheatisdale.com>]

Well, Ilan, you can either take our offer or we'll just have to talk to the
city about having you evicted.

- Shea Tisdale
Everytime a cell phone rings an angels wings burst into flames.

> -----Original Message-----
> From: internetworkers-bounces AT lists.ibiblio.org [mailto:internetworkers-
> bounces AT lists.ibiblio.org] On Behalf Of Ilan Volow
> Sent: Sunday, June 26, 2005 7:39 PM
> To: Internetworkers: http://www.ibiblio.org/internetworkers/
> Subject: Re: [internetworkers] Eminent Domain in NC
> 
> One thing I'm wondering about is if the eminent domain ruling is
> going to change the prices people will be paid to move out of their
> homes. Keep in mind that I know close to nothing about real-estate at
> all.
> 
> Can a developer desperate to buy up someone's property who previously
> might have to pay 2 or 3 times the original value of the property (or
> whatever the seller asked) now be able to declare "imminent domain"
> and pay a questionably small amount for an incredibly valuable piece
> of real estate?
> 
> 
> 
> On Jun 26, 2005, at 2:54 PM, Shea Tisdale wrote:
> 
> > The point in the CT case is that Eminent Domain is being used to
> > kick people
> > off their property so that private development can occur that will
> > bring the
> > city more tax dollars than are currently generated by what is there
> > now.
> >
> > That IMHO is outside the scope anything intended by the framers.
> >
> > - Shea Tisdale
> > Everytime a cell phone rings an angels wings burst into flames.
> >
> >> -----Original Message-----
> >> From: internetworkers-bounces AT lists.ibiblio.org
> >> [mailto:internetworkers-
> >> bounces AT lists.ibiblio.org] On Behalf Of Roger Austin
> >> Sent: Sunday, June 26, 2005 1:25 PM
> >> To: Internetworkers: http://www.ibiblio.org/internetworkers/
> >> Subject: [internetworkers] Eminent Domain in NC
> >>
> >> IANAL.
> >>
> >> Phillip Rhodes wrote:
> >>
> >>
> >>> What I've been told is that NC law allows 9 situations in which
> >>> local governments can invoke eminent domain, and that promoting
> >>> private development is not one of them.
> >>>
> >>
> >> http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/
> >> bychapter/chap
> >> ter_40a.pdf
> >> gives the text below. There is much more to this probably.
> >>
> >> (1) Opening, widening, extending, or improving roads, streets,
> >> alleys,
> >> and sidewalks. The authority contained in this subsection is in
> >> addition
> >> to the authority to acquire rights-of-way for streets, sidewalks and
> >> highways under Article 9 of Chapter 136. The provisions of this
> >> subdivision (1) shall not apply to counties.
> >> (2) Establishing, extending, enlarging, or improving any of the
> >> public
> >> enterprises listed in G.S. 160A-311 for cities, or G.S. 153A-274 for
> >> counties.
> >> (3) Establishing, enlarging, or improving parks, playgrounds, and
> >> other
> >> recreational facilities.
> >> (4) Establishing, extending, enlarging, or improving storm sewer and
> >> drainage systems and works, or sewer and septic tank lines and
> >> systems.
> >> (5) Establishing, enlarging, or improving hospital facilities,
> >> cemeteries, or library facilities.
> >> (6) Constructing, enlarging, or improving city halls, fire stations,
> >> office buildings, courthouse jails and other buildings for use by any
> >> department, board, commission or agency.
> >> (7) Establishing drainage programs and programs to prevent
> >> obstructions
> >> to the natural flow of streams, creeks and natural water channels or
> >> improving drainage facilities. The authority contained in this
> >> subdivision is in addition to any authority contained in Chapter 156.
> >> (8) Acquiring designated historic properties, designated as such
> >> before
> >> October 1, 1989, or acquiring a designated landmark designated as
> >> 4 such on or after October 1, 1989, for which an application has been
> >> made for a certificate of appropriateness for demolition, in
> >> pursuance
> >> of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part
> >> 3B, effective until October 1, 1989, or G.S. 160A-400.14,
> >> whichever is
> >> appropriate.
> >> (9) Opening, widening, extending, or improving public wharves.
> >>
> >>
> >>> Anyway, I personally feel that 9 situations to allow use of
> >>> eminent domain is 9 too many.
> >>>
> >>
> >>   I can't get to upset about this issue. It really isn't all that
> >> complicated. If the city can tell you how high your grass has to
> >> be mowed, there are a lot more important issues than eminent
> >> domain which is rarely used.
> >>   Property is transient. We have a legal paper that says we have
> >> certain rights on it, but we don't have absolute rights as I
> >> perceive your desiring. Would you do away with all government
> >> controls over property? Zoning, inspection, planning, utilities?
> >> Would you want your neighbor to decide to raise pigs outside
> >> your bedroom window?
> >>
> >>
> >>> I don't know about you guys n' gals, but I'll take any step towards
> >>> protecting fundamental rights that I can get. :-)
> >>>
> >>
> >>   I am all for fundamental rights. I don't know anyone who isn't
> >> for them. However, your rights stop where mine start and it is
> >> very difficult to figure out that line. Elected officials have
> >> to make those types of decisions.
> >>
> >>   Eminent domain is necessary for a number of public purposes. A
> >> couple of hard asses should not be able to hold a large public
> >> project hostage just because they want to retain their old house
> >> or extort an extreme price after all the neighbors have sold.
> >>
> >>   It is easily fixed also by electing people who think that it is
> >> a bad idea to take people's property without a very good reason.
> >> I would like to hear what the average voter in New London thinks
> >> about this issue rather than just those who were affected.
> >> --
> >> Visit http://www.misshunt.com/ for fun and creative items including
> >> the famous Clean/Dirty dishwasher magnet, now available in velcro.
> >>
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