Author Topic: Eminent Domain Again  (Read 1193 times)

Ben

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Eminent Domain Again
« on: September 16, 2016, 09:30:10 PM »
This is an interesting one, at least from what's in the article, because it's pitting the property owner against private citizens vs eminent domain for "the public good". Here, Palo Alto is arguing that the property's tenants have greater rights than the property owner.

What is interesting to me is the part about most of them being disabled or elderly and low income. If you fit those criteria, why the hell would you continue to live in one of the most expensive places in the country? These people could all move just 100 miles inland (or to around 45 other states) and have their cost of living cut in half compared to where they are. Especially easy if they're getting SS or disability.

http://www.foxnews.com/politics/2016/09/16/flatly-unconstitutional-mobile-park-owners-fight-govt-bid-to-block-redevelopment.html
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MechAg94

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Re: Eminent Domain Again
« Reply #1 on: September 16, 2016, 11:55:16 PM »
The welfare of the residents is just window dressing, but it will likely lead in any stories on the issue.
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Hawkmoon

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Re: Eminent Domain Again
« Reply #2 on: September 17, 2016, 12:11:58 AM »
All the members of the Supreme Court who ruled with the majority in Kelo should be staked out on a hill of red ants.
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De Selby

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Re: Eminent Domain Again
« Reply #3 on: September 17, 2016, 04:57:10 AM »
All the members of the Supreme Court who ruled with the majority in Kelo should be staked out on a hill of red ants.

What on earth does this have to do with Kelo?

In many ways this is the reverse Kelo.  Using public power to block private development in the public interest, not sell to private developers.
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charby

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Re: Eminent Domain Again
« Reply #4 on: September 17, 2016, 08:51:22 AM »
What is interesting to me is the part about most of them being disabled or elderly and low income. If you fit those criteria, why the hell would you continue to live in one of the most expensive places in the country? These people could all move just 100 miles inland (or to around 45 other states) and have their cost of living cut in half compared to where they are. Especially easy if they're getting SS or disability.

Same reasons people in the more expensive states don't move to the cheaper states to be money ahead. Family, friends, support network, fear, etc.
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roo_ster

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Re: Eminent Domain Again
« Reply #5 on: September 17, 2016, 09:17:14 AM »
This a a long-time issue in palo alto, or so I have read before.  The trailer park is the or one of the last places in palo alto where you don't have to be a millionaire to be able to afford the rent or mortgage.  Relative to the rest of palo alto (which is all white, jewish, and oriental) the trailer park is "diverse."  So, the city clowncil wants to keep the trailer park residents on as diversi-pets.

Status-signalling all the way down.  They are denying the property owner his property rights so they can preen and show just how wonderfully accepting they are of "diversity."  What are mere constitutional principles when proving one is a "Goodwhite" is on the line?
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Ben

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Re: Eminent Domain Again
« Reply #6 on: September 17, 2016, 10:27:43 AM »

In many ways this is the reverse Kelo.  Using public power to block private development in the public interest, not sell to private developers.

I think the problem (for me) in this case is, what defines "the public"? To me, this is much closer to neighbors complaining because someone wants to put a second story on their home and it blocks the neighbors view. It would be a zoning matter, not a "government steps in and buys the house at their version of fair market value" matter.
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Hawkmoon

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Re: Eminent Domain Again
« Reply #7 on: September 17, 2016, 10:50:56 AM »
What on earth does this have to do with Kelo?

In many ways this is the reverse Kelo.  Using public power to block private development in the public interest, not sell to private developers.

Kelo or "reverse Kelo," this case is still a perversion of the original intent of eminent domain. The concept was put in place so that government entities could take property -- subject to paying fair compensation -- for the purpose of building things that benefit all citizens, things such as roads, bridges, firehouses, schools, or government buildings.

In Kelo, the concept was perverted into taking private property and immediately turning it over to a private, for-profit entity. The rationale was that the public purpose served was increasing the tax base, thereby [supposedly] reducing the tax burden on everyone.

In this case, if I understand it correctly, the purpose of the taking is to allow those people who live in the trailer park to continue to live in the trailer park. How does that benefit anyone who does NOT live in the trailer park? What public purpose, serving the entire populace of the jurisdiction, is served?

Further, what -- exactly -- is the legal status of the housing authority? I'm not in California and I recognize that things are likely different in each state. I once worked for a public housing authority in my state. The authority was a quasi-government entity. It was, essentially, a private, not-for-profit entity that was created pursuant to a state statute and that received funding from the federal Department of Housing and Urban Development (HUD). I worked in the agency's planning department, and I'm pretty certain that we did not have power of eminent domain.

In the current case, the county government is "partnering" with the housing authority. In short, they are doing exactly what was done in Kelo -- the government is using eminent domain to grab private property, and then the government entity will immediately turn the property over to a non- (or quasi-) government entity. The end result will be to supposedly benefit 400 people (or was it families -- maybe 600 people, tops?). The population of Santa Clara County, according to the U.S. census, is 1,918,044 as of July of 2015. So we're talking about maybe 600 people out of 2 million people. That's not my idea of serving a public purpose. None of the other county residents are going to derive any benefit or use out of the property. They won't be able to walk into any of the trailers, sit down, and watch the ball game. To them, it will be private property.

Sorry, call it "reverse" Kelo if you wish, I don't see any fundamental difference.

BTW, here's what the Fort Trumbull neighborhood (the neighborhood over which Kelo was fought) looks like today:

« Last Edit: September 17, 2016, 11:14:20 AM by Hawkmoon »
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Firethorn

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Re: Eminent Domain Again
« Reply #8 on: September 17, 2016, 01:12:44 PM »
This is an interesting one, at least from what's in the article, because it's pitting the property owner against private citizens vs eminent domain for "the public good". Here, Palo Alto is arguing that the property's tenants have greater rights than the property owner.

I heard that the same sort of thing is taking place in Aspin Colorado and other hot resort spots.  A lot of the towns enacted a split system - half the places are price controlled so "workers can live there", but the problem is that said workers are ageing, getting close to retirement(some have retired already), but staying right there.

Without price controls I think that measures to keep workers would have become interesting, but at least any 'worker' could afford to sell and retire somewhere else for drastically less.  Not to mention that sky-high labor costs would help put a downward push on property taxes if even a millionaire has to wince at the cost of living there...

In this case, if I understand it correctly, the purpose of the taking is to allow those people who live in the trailer park to continue to live in the trailer park. How does that benefit anyone who does NOT live in the trailer park? What public purpose, serving the entire populace of the jurisdiction, is served?[/img]

Theoretically?  One of their last sources of cheap labor, the ability to stick their criminals in that specific spot, and reduced public services when those rendered homeless by the park shutting down instead go to the homeless shelters.