Respect property owners’ rights, too Jul 24, 2008
The Minnesota Constitution, article one, section 13, states private property shall not be taken, destroyed or damaged for public use without just compensation. Are there going to be tax breaks. (Winona Daily News, MN)
Loud music report leads to arrest for marijuana Jul 23, 2008
" The USA spends 69 billion tax dollars every year on the drug war, builds 900 new prison beds and hires 150 more correction officers every two weeks, arrests someone on a drug charge every 17 seconds, jails more people than any nation and has killed over 100,000 citizens in the drug war. In 1914 when there were no prohibited drugs 1.3% of our population was addicted to drugs, today 1.3% of our population is still addicted to drugs and theres way more crime and violence because of the huge... (Bartlesville Examiner-Enterprise, OK)
Ministers 'failing UK soldiers' Jul 17, 2008
"By committing themselves to put their lives on the line for their country they deserve immediate medical attention and just compensation if they are injured.". Military personnel are banned from taking strike action, joining trade unions or taking part in political activities. (BBC News -- UK)
'JUSTICE': Family to sue psych ward for $25M in watched-death case Jul 13, 2008
"We failed Esmin Green and believe her family deserves fair and just compensation," Aviles said. "HHC referred this matter to criminal enforcement and regulatory authorities on June 20. We have been cooperating and will continue to support any and all investigations.". (USA Today -- News)
Pinewild Suit Has Setback Jul 13, 2008
Lydia Boesch, John Boesch and other property owners in the gated community who oppose involuntary annexation by Pinehurst filed suit in January asking the federal courts to rule the Pinewild annexation would be a "taking" in the context of the Fifth Amendment -- which requires "just compensation" when government takes private property for public use ... "Plaintiffs seek only a declaration that the proposed annexation constitutes a taking for which plaintiffs are entitled to just compensation... (The Pilot Newspaper)
Deriving Their Just Powers Jul 8, 2008
3) That just compensation was paid to the property owner for the land taken. Common sense tells us what a legitimate public use island for public buildings or facilities, roads, even for recreational lands. (Townhall.com)
Removal of trees begins along canal Jul 8, 2008
"What we're really trying to accomplish is to stop the corps from taking people's land without just compensation," said Randall Smith, an attorney representing the 17th Street Coalition. But a few others along the southern end of Bellaire, where the "fattened," or overbuilt, levee is much larger, took little comfort in the ruling. (Nola.com -- Sports)
Corps can clear land at 17th Street Canal Jul 7, 2008
However, the judge said the plaintiffs, property owners who live along Bellaire Drive abutting the canal, "have a right to make a claim for just compensation" in the form of monetary damages ... "What we're really trying to accomplish is to stop the corps from taking people's land without just compensation," Smith said. (Nola.com -- Sports)
State demands aid for power industry Jul 5, 2008
"Just compensation should be provided for any acts of government that have a significant adverse impact on a property right," the state Treasurer, Michael Costa, said, "as well as supporting the sector making investment in lower-emission technology.". Ross Garnaut recommended Canberra allocate $1 billion to $2 billion - to be matched by industry - to help coal-fired power plants adjust to emissions trading. (Sydney Morning Herald -- Australia)
LETTERS: NCT, June 18, 2008 Jun 19, 2008
The sooner people of conscience realize this and stop supporting the troops, the sooner we can end the U.S. occupation, heal our economy and, hopefully, move toward some just compensation for the Iraqi people. Brian Williams. (North County Times)
Opponents: Trail will ruin valley Jun 14, 2008
It is the only state in the country that does not have an express constitutional provision that limits the taking of private property for a public use with just compensation. "State legislation is the only thing coming between North Carolinians and the government's ability to take private property for economic development or any other reason. When legislation can be changed at the whim of political interests, this is far from adequate protection," the foundation states in a recent report. (Lenoir News Topic, NC)
Heavy Rainfall Leads to State of Emergency in Many Areas Jun 12, 2008
- The raid on the Fund was an unconstitutional taking of health care providers property rights without just compensation. - An unconstitutional impairment of health care providers contractual rights. (Agri-View, WI)
Missouri court backs property owners facing condemnation threat Jun 11, 2008
The Missouri Constitution already states: ''That private property shall not be taken or damaged for public use without just compensation. . (Camdenton Lake Sun Leader, MO)
Flooded Devils Lake landowners want money Jun 3, 2008
"We're saying they have the obligation to pay just compensation.". Ron Fischer, an attorney for seven county water resource districts, said a sharp increase in rain and snow caused the lake's rapid rise during the 1990s, not water diverted by a handful of drainage projects north of Devils Lake. (Bismarck Tribune, ND)
KNBC Investigation: Prop 98, 99 Advertisements Jun 3, 2008
Defines just compensation. Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. (NBC4.tv, CA)
Ninth Circuit Outrage: States Immune from Fifth Amendment! Jun 1, 2008
At the same time, as a 1985 Supreme Court opinion required, Seven Up Pete sought to exhaust their state remedies with a lawsuit in state court seeking just compensation ... Furthermore, because the Fourteenth Amendment, which through its Due Process Clause, applies the Takings Clause to the States, the States, by their ratification of the Civil War Amendments, including the Fourteenth, waived their immunity from federal lawsuits for just compensation ... It is not just the U.S.... (Townhall.com)
When interests collide Jun 1, 2008
What the amendment does say is that the government can t take people s land away without just compensation. Most commonly today, that governmental right to take property for the greater public good, called eminent domain, is used when the government needs to construct roads. (Logan Herald Journal, UT)
Commission discusses communication project May 31, 2008
We felt we offered just compensation, and we need to move the project forward so we don t lose the federal funding. Van Parys said the county could proceed with eminent-domain proceedings while continuing to negotiate with property owners over right-of-way costs. (Leavenworth Times, KS)
End of the line May 23, 2008
AFG is now seeking a court order declaring that Amtrak has violated its rights under the Fifth Amendment - which requires the government to pay just compensation for taking private property - and under the 1997 law. It's also asking for monetary damages. (Cincinnati Business Courier, OH)
NSW attacks climate report May 16, 2008
The NSW Government argues that not compensating generators would violate the democratic norm of providing just compensation to businesses adversely affected by policy changes. send photos, videos ffs to 0424 SMS SMH (+61 424 767 764), or us. (Sydney Morning Herald -- Australia)
NT allowed to acquire native title land May 15, 2008
It is also compelled to pay just compensation. But a spokesman for the Northern Land Council said the act had not been used fairly. (Sydney Morning Herald -- Australia)
Natural gas series: Deep Pockets May 9, 2008
So far they have offered about 5K for a five year lease which after reading the series of articles (Deep Pockets) doesn't seem like just compensation. W e have not formed a landowner's association----whether we will I really don't know. (Scranton Times, PA)
Eminent domain usually not the best solution May 8, 2008
President V. should check with one of his profs who teach constitutional law and get a primer on the Fifth Amendment: No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation ... But the Constitution says nothing about just compensation hinging on appraisals of similar neighborhoods ... Rather, it says just compensation. (Russellville News Democrat Leader, KY)
D'Antoni's road to Bulls has hurdles May 8, 2008
If Suns coach Mike D'Antoni could get what he wanted for his 57th birthday today, it would be a long-term contract with just compensation from the Chicago Bulls. An NBA source close to the situation said three things could make that happen. (AZCentral -- Sports)
Mark Bradley's game blog May 5, 2008
If the Hawks will recieve just compensation, I d let him go if he ask for a big money contract. By BIRDDAWG. (Atlanta Journal-Constitution)
More of this story May 2, 2008
The issue of just compensation for the 27 cabin owners which filed suit to challenge the state s taking ownership of the cabins remains pending in the Intermediate Court of Appeals, he added. County Councilwoman JoAnn Yukimura said the bill is important because it prevents auction speculation that could take most of those cabins and access to the forest out of reach of Kauai residents. (Lihue Garden Island, HA)
Botched school project has high price Apr 6, 2008
"It should be noted that under terms of the settlement agreement the state preserves its right to appeal the court's prior ruling that just compensation for this property should include the value of improvements made while (Schools Development Authority) was taking steps to acquire it.". The saga is one of the leftovers from a flawed effort to jump-start the state's $8. (NJ.com)
Prichard ordered to pay for home Apr 6, 2008
" The judge ruled in favor of Turner's inverse condemnation claim, stating in his judgment that the city "did occupy and injure the property of Bessie Mae Turner constituting a taking without just compensation. " Huntley said the judge misinterpreted Alabama Eminent Domain law and related case law by ruling in favor of the inverse condemnation claim. According to Huntley, the city would have had to take possession of the property and use it for public purpose. Huntley said he planned to ask... (AL.com)
Don't single out black children: commissioner Apr 1, 2008
He recommended reinstating the Racial Discrimination Act, the right to just compensation for compulsorily acquired land, the right to review of administrative decisions and replacing arbitrary welfare and alcohol restrictions with voluntary, community-based schemes. As a 12-month review of the intervention looms, he said it was outrageous to suggest child abuse could not be tackled without respecting basic human rights. (Sydney Morning Herald -- Australia)
Man sues govt for RM6.9m over excess caning Mar 28, 2008
I want just compensation, they must be responsible, he said. This is the second time the Singapore government has been sued for meting out the wrong number of strokes. (The Star Online, Malaysia -- News)
Navy cancels condemnation of some land at Site C Mar 26, 2008
2 million its estimate of just compensation. The litigation to determine the actual just compensation was still pending in federal district court until Tuesday. (Washington Daily News, NC)
After deliberation, A's headed to Japan Mar 20, 2008
" The issue arose on Monday, when Red Sox manager Terry Francona was informed that his coaches and staff traveling to Japan wouldn't be compensated for the trip, while 30 players designated by each team to travel would receive $40,000. The union negotiated the deal with Major League Baseball late last year, when Red Sox players said they'd refuse to approve the trip without just compensation. There's a pool of funds from the event that is split evenly between the union and management, but the... (MLB.com -- Oakland Athletics)
Jail time ordered in boat crash case Mar 7, 2008
The victims of the accident have a right to be upset, but as I said before, this case calls for a civil court to weigh the competing degrees of contributory negligence in arriving at just compensation. I ask that any restitution be reasonable for Mr. Brost to repay in the time of probation. (Chippewa Falls Chippewa Herald, WI)
Telstra wholesale access appeal fails Mar 7, 2008
Telstra launched a challenge against the ACCC under section 51 (xxxi) of the constitution, which guarantees just compensation when property is compulsory acquired. Under the current arrangement, Telstra's wholesale customers pay $14. (ARNnet)
READERS WRITE Mar 6, 2008
There exists a prohibition for governments to seize private property without due process and forfeiture without just compensation. What's next, taking homes. (Atlanta Journal-Constitution -- Opinion)
Critics: Billboard bills burden cities, threaten trees Mar 6, 2008
Billboard companies say they're only asking for what's fair: just compensation if they have to move a sign, and signs that drivers can see unobstructed. RELATED LINKS. (Atlanta Journal-Constitution)
Rivals kept busy as Telstra takes pricing decisions to court Mar 2, 2008
Telstra has disputed the validity of regulations allowing competitors to install their equipment on its network, arguing that the access regime does not provide just compensation. In the other legal action, Telstra wants the Federal Court to set aside ACCC decisions setting prices for the rent rivals have to pay for access to the copper wires in order to connect their equipment. (Sydney Morning Herald -- Business)
Big raise could mean $1 million more in retirement for Lodi unified superintendent (1) Mar 2, 2008
I suspect this is the philosophy of the Board on how they treat County employees, not just compensation for Casanega. " Former Lodi Resident wrote on Feb 23, 2008 10:21 PM:" If this person is getting paid that much money, he better be working 200 hours a week until he gets the school system fixed. (Lodi News Sentinel, CA)
U.S. Won't Intervene in Palestinian Lawsuits Mar 1, 2008
"The United States supports just compensation for victims of terrorism from those responsible for their losses and has encouraged all parties to resolve these cases to their mutual benefit," it said. "At the same time, the United States remains concerned about the potentially significant impact that these cases may have on the financial and political viability of the defendants.". (Newsmax)
Family farm faces eminent domain case Feb 22, 2008
Only two boarded up homes and a no trespassing sign, located off of Metlars Lane, mark the spot of an epic struggle involving eminent domain, which allows the government to seize land for public use provided they give just compensation to the owners of that land. The Halper family left their 75 acre Cornell Dairy farm, which they had owned since 1922, in the middle of the night seventeen months ago, after losing a nine-year battle with Piscataway Township. (The Daily Targum, NJ)
S.C. Republicans will succeed Feb 13, 2008
Additionally, South Carolina Republicans "strongly support private property rights and just compensation" for property owners if government takes their land. (Page 6, SCGOP Platform) Meanwhile, South Carolina Democrats passed a resolution opposing fair and reasonable compensation for property owners if government takes their land. (Orangeburg Times and Democrat, SC)
Agreement paves the way for I-75 crossing project Feb 13, 2008
While Proctor withdrew his objection, allowing the Otsego County Road Commission (OCRC) to secure the right of way to the Dickerson Road property, on Tuesday he said he is not optimistic about coming to an agreement for just compensation of his business ... According to Circuit Court Judge Janet Allen, who presided over Thursday s brief hearing, although Proctor withdrew his objection he still has the right to a hearing for just compensation of his business. (Gaylord Herald Times, MI)
Parties settle I-75 crossover land dispute Feb 9, 2008
On Friday, Judge Janet Allen said Robert Proctor withdrew his objection to the necessity of taking the property by the OCRC. Allen said Proctor now has the right to a hearing for just compensation of his Dickerson Road business by the road commission. - Advertisement - At Thursday s brief hearing in 46th Circuit Court Cheboygan attorney Joseph Kwiatkowski, representing Proctor, told Allen his client had objected to the road commission s attempts to secure the right of way to the property. (Gaylord Herald Times, MI)
Property-rights measure qualifies for June ballot Feb 6, 2008
It also requires agencies condemning property to provide just compensation to owners, including reasonable relocation expenses and payment for temporary business losses. "Our measure provides a sensible solution by continuing to allow use of eminent domain for legitimate public needs such as roads, schools and water projects," Mosebar said. (Yreka Siskiyou Daily News, CA)
NCTA Keeping Three-Year Dual Carriage Vow Feb 6, 2008
At one time, NCTA had threatened a legal challenge based on duplicative carriage as a taking of private property without just compensation, violating the 5th Amendment in the Constitution. But it backed down after the FCC agreed to NCTA s three-year sunset. (Multichannel News)
Seat 2B: How to complain Feb 1, 2008
Get just compensation when things go awry on the road. Did things go all wrong on your last flight. (MSNBC -- Travel)
Federal Suit Filed in Annexation Feb 1, 2008
"This annexation will diminish the quality of life of Pinewild owners and reduce the value of their private, commonly owned property. Just compensation, therefore, is required by both state and federal constitutions.". Boyce said in. (The Pilot Newspaper)
By Joe Cotchett-Matter of Opinion Jan 31, 2008
This caused the present suit that ended up in federal court for inverse condemnation - the taking of land in violation of the Constitution, which calls for just compensation. Without getting into the legal issue of whether the federal court had jurisdiction, a combination of cute lawyering and a total failure of understanding by the City Council landed the case in federal court under the Fifth Amendment taking clause. (Half Moon Bay Review, CA)
Dream H.S. hoops matchups DISCUSS Jan 23, 2008
These are games that aren t on the schedule, but we think the fans deserve to see as just compensation. 10. (Atlanta Journal-Constitution -- Sports)
Smiling logic smothers justice Jan 20, 2008
The collective rural land which is supposed to be the peasants' safety net does not confer rights to exclusive possession, or sale, or just compensation - so long as the officials who enforce land laws are also the ones taking the land. What peasants have is an informal licence to occupy their land until whenever and wherever officials change their minds. (Sydney Morning Herald -- Business)
Grammys seek strike-free show Jan 17, 2008
He stressed the Recording Academy supported the writers in their effort to get more money for digital content because the music industry had "for more than a decade been fighting to obtain fair and just compensation". The Grammys ceremony was also "vital" to the music industry and creative community, he said, and it "literally saves lives" through its charitable contributions. (BBC News -- Entertainment)
Strike End in Sight: Writers' Strike Moves to Solution Jan 17, 2008
Both groups are intricately tied in their resolve to negotiate just compensation for their work in the new media and DVD residuals. If that isn't enough, the 10 percent fallout in viewership seen by the major networks since the strike's beginning should motivate the directors to reach an agreement agreeable to the writers. (The Daily Universe, UT)
Statement from Neil Portnow, President/CEO of The Recording Academy(R) Regarding the 50th Annual GRAMMY(R) Awards: Jan 16, 2008
"On January 8, 2008, I met with WGA President Patric Verrone to outline these and other facts. During that meeting, I explained that the music industry had for more than a decade been fighting to obtain fair and just compensation for the original digital content of its members and thus, of course, supported the WGA in its efforts to obtain like results for its own members. I outlined in great detail the scope, reach, and vital importance of GRAMMY Week and the 50th Annual GRAMMY Awards telecast... (Yahoo! Wire -- Entertainment News)
Landowner at border: Compensate me Dec 29, 2007
The amendment bars the taking of private property for public use without just compensation. "Nobody can develop a piece of property that is crawling with aliens at night and Border Patrol vehicles and personnel 24 hours a day," said Marzulla. (Los Angeles Times)
Waste Industries wants court to trash law Dec 19, 2007
In the complaint, Waste Industries claims the state is unfairly targeting the company, unconstitutionally regulating interstate commerce, depriving the company of its property without due process or just compensation and acting in an "arbitrary, capricious and confiscatory manner.". "This behavior shocks the conscience," the lawsuit says, "and hinders rights implicit in the concept of ordered liberty.". (Raleigh Triangle Business Journal, NC)
IR View: Most say zoning’s time is here Dec 17, 2007
- The time has come for the commissioners to quit trying to take away private property rights without just compensation. The affected landowners protested zoning. (Helena Independent Record, MT)
Development potential key to fixing market value: court Dec 16, 2007
New Delhi: For ascertaining the market value of acquired land in arriving at just compensation to be awarded to its owners, its potentiality for development purposes should be taken into consideration, the Supreme Court has held. Potentiality means capacity or possibility for changing or developing into the state of actuality, said a Bench consisting of Justices G.P. Mathur and D.K. Jain in a judgment. (Hindu)
SUSD to look at other sites, mulls Park’s $1 million offer Dec 12, 2007
However, the amount authorized by the SFB, at 25,000 an acre, would be 18 million less than what Park says would be just compensation. Park, which has a national reputation for rehabilitating distressed properties including former industrial land and inner-city sites in the Rust Belt is planning to submit to the town of Sahuarita a Specific Plan for development of a 380-acre tract of former mine land on both sides of La Ca ada Drive, including the proposed 66-acre school property. (Green Valley News & Sun, AZ)
Judge: Citrus tree owners due fair compensation Dec 11, 2007
The judge says in her ruling the court found that the destruction of the trees constituted a "taking" under the Florida Constitution, "requiring full and just compensation.". A jury trial is set for March 31st to determine how much the state owes the plaintiffs. (WOKR13 Rochester)
Judge: State must pay for destroyed trees Dec 11, 2007
Members: Not Registered. for free extra services. (South Florida Business Journal, FL)
Should the land cap on SEZs be lifted? Dec 7, 2007
To the degree that objective valuation of compensation decreed by statutes is not equivalent to the subjective valuation of the ousted, such compensation should be the just compensation for the taking on hand, which is only possible if compensation is subject to judicial review. Unfortunately, with the ouster of the right to property as a fundamental right from the Indian Constitution there is very little chance that issues such as public purpose or compensation... (India Times)
7-year nightmare Dec 3, 2007
Yes, state law allows a local redevelopment agency, in this case CCDC, to force owners to turn over property that is blighted or adjacent to blight, with just compensation set by negotiations or in court. A property needn't be dilapidated, just underutilized as a tax-revenue producer. (San Diego Union-Tribune -- Opinion)
Telstra hangs on Conroys fibre Dec 1, 2007
Telstra could, perhaps, be bought off with just compensation , but that would almost inevitably mean that the economics of the new network would be far less attractive to the government and/or the new owner than they would be if Telstra builds it there would be massive compensation payments and the cost of the new network to fund. Telstra s competitors have also lobbied for legislation that would prevent it from building a competing network and to force it to use their version of a monopoly... (Business Spectator)
FFA wants Advocaat banned as they step up search for new Guus Nov 30, 2007
"We've now prepared our case, we intend to go to FIFA, and I think this goes beyond the issue of just compensation. This is an issue which needs to be looked at by FIFA in terms of a coach putting a member association under some duress by not honouring a contract. There's a principle at stake that needs to be looked at. "I'm not sure we could have done anything differently short of having the person spirited away, and brought out to the country, I'm not sure what more you can do. " Speculation... (Sydney Morning Herald -- Sport)
Broadway Talks Scheduled to Resume After Break Nov 28, 2007
The union, Local 1 of the International Alliance of Theatrical Stage Employees, has agreed to many of the changes, or variations of them, and has set what it considers just compensation in wage increases and other areas for their agreeing to the rule changes. The league considers the unions price tag unreasonable. (New York Times)
