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July 22, 2008

Eminent Domain Abuse Update

Danny Newton, a frequent and always-loaded-with-facts commenter here at this blog, emailed to report on a legal victory for eminent domain abusers in Cookeville, Tennessee.

The City and the County have taken more property than they need to do some kind of development park. It might be industrial, it might be a business park, it has some green space on it, one commissioner is thinking about using part of it for a jail or work house. Even though the development footprint is much smaller than the actual land bought or taken, the city/county retained the right to continue to get the legal paper work together, perhaps some time next year be before continuing with the condemnation suit. The county has set a limit on how much they will pay for the land yet the judge is still of a mind to force the family to take what is in the county budget instead of what the property is worth.

This is farm land and supposedly beyond the ability of anyone to consider blighted. I think this proves that there really is no effective protection for people from eminent domain abuse. The law is too weasel-worded and too internally ambiguous.
I don't know much about the specific case about which he writes, but in general it is true that there really is no effective protection for people from abuse of eminent domain by public officials in Tennessee.


Comments

This Supreme court has created the perfect shell game of confusion and it is through those bewilderment's of their own making that they have bound us to this purpose of KELO, anticipating for themselves that this will be productive of nothing but government mischief and Judicial disorder they have solidified our reliance upon them, for we are now held more obliged to this higher purpose, then we are to our very own Constitutions.

Posted by: JMB at July 23, 2008 2:47 PM
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