Tennessee Alliance For Citizens Rights
PO Box 420
Altamont Tn. 37301
931-692-3920
A Summery of the information:
Re: Eminent Domain
Eminent Domain, or the ‘Taking Clause", is the limited power by which government can take private land for public use (Article 5, Bill of Rights). It’s regulated by federal and state constitutions. A "taking" must be for public use and justly compensate the owner. In some instances private land has been taken for private corporate use, in urban renewal projects, to benefit the local economy. Disputes arise regarding the justification of a "taking," the satisfaction of "just compensation," or whether an actual "taking" has occurred. Land owners argue that regulations restricting their ability to use their land, or which damaged the value of their land, constitutes an indirect "taking". When government alters public land in such a way that it has damaged a landowner’s ability to use or enjoy his land, he can bring an "Inverse Condemnation Process" action in court, contending an infringement, equating to a "taking". Examples of infringements are, obstructing access to the property, altering the property, restrictive zoning regulations, subdivision regulations, devaluing property by denying water or sewer to certain lots, and filing development projects which lower property value. The "taking" process includes, establishing the need to acquire the property for public use, and offering to purchase the land in a pre litigation settlement. When a settlement cannot be reached, the government can implement a condemnation proceeding. The owner must be given notice; have opportunity to respond, and receive just compensation. Land assessment determines the fair market value of the property, accounting for lot size, improvements, and the value of resources encompassed in the land.
My Analysis:
In our nations early history, they recognized the "natural law" right to limited intrusion on private property, as an "ear mark" of the free born man in his pursuit of life, and liberty, as opposed to feudalism (*1). The basis of government was to protect the fundamental rights of the individual verses upholding the will of the collective (*2). They did not intend the "taking" clause to be manipulated by corporate greed, green party interests, or foreign interests. When we abuse Eminent Domain to serve special interest purposes, "for the good of the collective," we have moved from a Constitutional Republic, based on unalienable rights, to a Fabian socialist democracy implementing the first plank of the communist manifesto (Abolition of private property) (*3). Some Urban, Regional and Sustainable Eco redevelopment projects, have tapped into the power of Eminent Domain bringing private property into compliance with the United Nations World Constitution (Agenda 21) (*4). In Tennessee, when a condemnation action is filed, the owner is given five days, to secure an attorney, and file his answer (*5). A landowner is not entitled to compensation for attorney expenses where a land acquisition has been successful (*6). Realizing this, some owners are made "willing sellers," settling out of court for a sum they feel is unjust to avoid costly litigation. In essence they bear part of the burden intended to be born fully by the tax paying public (*7).
Sources:
Schubert, Frank. (2004). Introduction to Law and the Legal System, 8th edition.
Houghton Mifflin, Boston New York
Find Law: http://realestate.findlaw.com/homeownership/home-land-use-zoning/home-land-use-zoning-eminent-domain.html
(1) Schubert, Ch. 12, pg. 578 on the Historical Development of the Regulation of Real Property; on Natural Law Ch.1, pg 2; on the Origin of Law in the United States re: English Common Law, Ch. 1, pages 10-11; on Due Process re: natural law and property rights, Ch. 1, pages 31-31, pg. 42 on the 5th and 14th Amendments.
(2) The Soldier’s Training Manual TM200-25: 120-121, on Republic individual private property & TM2000-25:118-120 on Democracy re: negating property rights; Lysander Spooner, Essay On the Trail by Jury, "Government is established for the protection of the weak against the strong".
(3) Marx, Karl. Maifesto of the Communist Party. Chapter 2, Plank One (1848). Translated by Miss Helen MacFarlane. Introduction by William P. Fall. Published by: American Opinion Book Services, Appleton Wisconsin (1974); Dwyer, Barbara. Fabian Socialists, http://www.oocities.org/tnallianceforcitizensrights/Essays/fabian_socialists.htm (Encyclopedia Britannica).
(4) United Nations Agenda 21 Sustainable Development. http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21toc.htm
(5) Tn. Code Annotated 29-16-105)
(6) Tn. Code Annotated 29-17-812
(7) Schubert, Ch. 12, pg. 594 on Eminent Domain.