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RE: Eminent Domain to seize border wall land...harms Am... - 12/30/2017 5:46:18 PM   
ThatDizzyChick


Posts: 5490
Status: offline
quote:

Obama and all the Lefties

You mean the moderate righties.

_____________________________

Not your average bimbo.

(in reply to DaddySatyr)
Profile   Post #: 61
RE: Eminent Domain to seize border wall land...harms Am... - 12/31/2017 10:09:21 AM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline
quote:

ORIGINAL: MrRodgers

Just 'give' the govt. your land...or else.

Happy now ?

HERE



Eminent domain

Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring "just" compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.[1]

The property may be taken either for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development.

The term "eminent domain" was taken from the legal treatise De Jure Belli et Pacis, written by the Dutch jurist Hugo Grotius in 1625,[4] which used the term dominium eminens (Latin for supreme lordship) and described the power as follows:

... The property of subjects is under the eminent domain of the state,[ overlords] so that the state [ overlords] or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property.

Some U.S. states use the term appropriation (New York) or "expropriation" (Louisiana) as synonyms for the exercise of eminent domain powers.[5][6]

Other property

The exercise of eminent domain is not limited to real property. Governments may also condemn personal property. Governments can even condemn intangible property such as contract rights, patents, trade secrets, and copyrights. [Like when the FDA stole Burzinskis cancer cure patents!] Even the taking of professional sports team's franchise has been held by the California Supreme Court to be within the purview of the "public use" constitutional limitation, although eventually, that taking was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution.[7] [Yes the mobafia king has an interest in anything that makes money!]

The practice of condemnation was transplanted into the American colonies with the common law.

When it came time to draft the United States Constitution, differing views on eminent domain were voiced. Thomas Jefferson favored eliminating all remnants of feudalism, and pushed for allodial [ALLODIAL however is reserved for the KING-State] ownership.[8] James Madison, who wrote the Fifth Amendment to the United States Constitution, had a more moderate view, and struck a compromise that sought to at least protect property rights somewhat by explicitly mandating compensation and using the term "public use" rather than "public purpose," "public interest", or "public benefit".[9]

The power of governments to take private real or personal property has always existed in the United States, as an inherent attribute of sovereignty. [the King-State] This power reposes in the legislative branch of the government and may not be exercised unless the legislature has authorized its use by statutes that specify who may use it and for what purposes. The legislature may take private property by passing an Act transferring title to the government. The property owner may then seek compensation by suing [the gubafia with their infinitely deep tax payer filled pockets while the landowner is forced to use their own money out of pocket of course] in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals for the purpose of acquiring access to their landlocked land. Its use was limited by the Takings Clause in the Fifth Amendment to the U.S. Constitution in 1791, which reads, "... nor shall private property be taken for public use, without just compensation." [and of course the gubafia KING decides what is 'just'.]The Fifth Amendment did not create the national government's right to use the eminent domain power, it simply limited it to public use.[12] [correct, it did not create it since it was used pre-revolution, it merely ENDORSED it!]

The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of public use. [Anything goes!]

The Supreme Court's decision in Kelo v. City of New London, 545 U.S. 469 (2005) affirmed the authority of New London, Connecticut, to take non-blighted private property by eminent domain, and then transfer it for a dollar a year to a private developer solely for the purpose of increasing municipal revenues.

The redevelopment in New London, the subject of the Kelo decision, proved to be a failure and as of ten years after the court's decision nothing has been built on the taken land in spite of the expenditure of over $100 million in public funds. The Pfizer corporation, which owned a $300 million research facility in the area, and would have been the primary beneficiary of the additional development, announced in 2009 that it would close its facility, and did so shortly before the expiration of its 10-year tax abatement agreement with the city.[14] The facility was subsequently purchased in 2010 for just $55 million by General Dynamics Electric Boat.[15] [and Kelo just got fucked, rolled over and fucked again by the feudal King-State!]

https://en.wikipedia.org/wiki/Eminent_domain_in_the_United_States

Oh the US is not a feudal country? I have pointed this out several times to the screechers on this board who desperately try to sweep the fact that all americans own property as vassals and serfs with americanized euphemistic labels to hide to the fact this is a feudal country, as the SCROTUMUS MAXIMUS CROOKUMUS in a few court rulings wiped out everything 'allegedly' fought for and 'PRESUMED' to have won as a result of the revolution.

Fief

A fief (/fiːf/; Latin: feudum) was the central element of feudalism and consisted of heritable property or rights granted by an overlord to a vassal who held it in fealty (or "in fee") in return for a form of feudal allegiance and service, usually given by the personal ceremonies of homage and fealty. The fees were often lands or revenue-producing real property held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting or fishing, monopolies in trade, and tax farms.

In medieval Latin European documents, a land grant in exchange for service continued to be called a beneficium (Latin).[1] Later, the term feudum, or feodum, began to replace beneficium in the documents.[1]

When land replaced currency as the primary store of value, the Germanic word *fehu-ôd replaced the Latin word beneficium.[2][3]

In the 10th and 11th centuries the Latin terms for fee could be used either to describe dependent tenure held by a man from his lord, as the term is used now by historians, or it could mean simply "property" (the manor was, in effect, a small fief). It lacked a precise meaning until the middle of the 12th century, when it received formal definition from land lawyers.

In English usage, the word "fee" is first attested around 1250–1300 (Middle English); the word fief from around 1605–15. In French, the term fief is found from the middle of the 13th century (Old French), derived from the 11th-century terms feu, fie. The odd appearance of the second f in the form fief may be due to influence from the verb fiever 'to grant in fee'.[7] In French, one also finds "seigneurie" (land and rights possessed by a "seigneur" or "lord", 12th-century), which gives rise to the expression "seigneurial system" to describe feudalism.

Early feudal grants

The granting of a landholding to a vassal did not relinquish the lord's [State] property rights, but only the use of the lands and their income; the granting lord retained ultimate ownership of the fee and could, technically, recover the lands in case of disloyalty or death. [What is Escheat for 100!]

Later feudal grants
In 13th-century Germany, Italy, England, France, and Spain the term "feodum" was used to describe a dependent tenure held from a lord by a vassal in return for a specified amount of knight service and occasional financial payments (feudal incidents).


Fee
property law

Fee simple
From Wikipedia, the free encyclopedia

In English law, [US common law] a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. It is a way that real estate may be owned in common law countries, and is the highest possible ownership interest that can be held in real property. [By serfs and peasants] Allodial title is reserved to governments under a civil law structure. The rights of the fee simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, [the REAL OWNERS of your rental] and it could also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion INTEREST in the grantor if the condition fails; this is a fee simple conditional.[1]

History
The word "fee" is derived from fief, meaning a feudal landholding. Feudal land tenures existed in several varieties, most of which involved the tenant having to supply some service to his overlord, such as knight-service (military service)

Common law
In English [and US] common law, the Crown [and US gubafia] has radical title or the allodium of all land in England, meaning that it [the US gubafia] is the ultimate "owner" of all land. However, the Crown can grant ownership in an abstract entity—called an estate in land—which is what is owned rather than the land it represents. The fee simple estate is also called "estate in fee simple" or "fee-simple title", sometimes simply "freehold" in England and Wales [and the US-King-States].

An estate in fee simple denotes the maximum ownership in land that can be legally granted [to serfs peasants and vassals of the (sovereign) KING STATE]; it is the greatest possible aggregate of rights, powers, privileges and immunities available in land. The three hallmarks of the fee simple estate are that it is alienable, devisable and descendible.

Estates
Estate Definitions
Practically all forms of property ownership in the United States have developed through the English system of common law estates. The laws governing transfers and conveyances of real property grew out of the feudal systems. The land was owned by the monarch, who could grant possession to whomever he chose while still retaining ownership.
When real property is transferred, it is not the actual land that is transferred but the title to an estate or interest in the land.
An estate, in real estate, is an interest in land measured by some period of time. It refers to the degree, quantity, nature, and extent of interest a person has in real property.
Fee Simple
Fee simple title is the most complete ownership that a person [Serf, vassal, or peasant] can have in [Rental] land. It is also referred to as fee simple absolute or fee. Because the estate is without end, it can be held by the owner until death and is then inheritable by the heirs at law.

Rent
The claim that no rent or similar obligations are due from the owner of property in fee simple is only partially true. For example, a rent charge may exist requiring a freeholder to pay a fixed sum of money closely resembling rent, and many jurisdictions have created financial obligations that may be imposed on a freehold estate. England and Wales impose an estate charge. In the United States, fee simple owners are usually [ALWAYS] subject to property tax and the revenue generated is directed to the municipality's general fund.

Ownership Interests

Fee Simple Interest. The most common estate [in the US] for owning a real property interest is the “fee simple absolute,” often shortened to “fee simple.” A fee simple property interest is the broadest estate described under law, [for vassals, serfs and peasants]
https://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/2011_summer/real_property_interests_deeds.html


New York State Constitution 1850:

quote:

11. The People [People=gubmint agency] of this State, in their right of [illegitimate ]sovereignty, [over you the vassals] are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the [Sovereign-KING-]State; and all lands the title to which shall fail, from a defect of heirs, shall revert, or escheat to the people. [They own legal title to the HIGHEST level of ownership to all lands, you own a title to use the land at their discretion, its the law its in your faces America the land of the 20th century version of feudalism!]

12. All feudal tenures of everv description, with all their incidents, are declared to be abolished, [for the King-State, The People, which does not include you low life vassals, serfs, and peasants] saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved. There it is! Kelo, bend over kiddies and crack a nice smile!

13. All lands within this State are declared to be allodial, so that subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.

https://books.google.com/books?pg=PA124&lpg=PA124&dq=america+ultimate+property+ownership+reserved+for+the+state&sig=fjzz748IjeQq7wL_fqFluz1UV0Q&id=3ioPAAAAQAAJ&ots=Cp6Urw5u5V&output=text


Royal Colonies
Meaning and Definition of Royal Colonies: A Royal colony was ruled or administered by officials responsible to and appointed by the reigning sovereign of Great Britain. A Royal colony was administered by a royal governor and council that was appointed by the British crown. The Royal Colonies had a representative assembly that was elected by the people.

The Royal Colonies
The names of areas governed as Royal Colonies at the start of the American Revolutionary War were:

New Hampshire
New York
New Jersey
Virginia
North Carolina
South Carolina
Georgia

Bend over and enjoy, SCROTUMUS MAXIMUS gave you all the big one with no lube!!

They unlawfully made all of you vassals and slaves under their corporate constitution, then convinced you that you were free, one of the best bait n switch mind fuck operations I have every seen, britain won the revolution!


< Message edited by Real0ne -- 12/31/2017 10:21:19 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to MrRodgers)
Profile   Post #: 62
RE: Eminent Domain to seize border wall land...harms Am... - 12/31/2017 1:20:34 PM   
MrRodgers


Posts: 10540
Joined: 7/30/2005
Status: offline

quote:

ORIGINAL: KenDckey


quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: KenDckey


Must watch areas in the future. I do suspect that refugee camps are coming along the US/Mexico border.



Hence mine fields to keep the problem south of the border.

Look, lets face reality here.

We have a serious homeless problem in the US.

We have a serious poverty problem in the US.

Bottom line is that we have a lot of problems facing our own citizens, so where the fuck is the logic in bringing in more people to strain already stretched programs?

Seriously, lets find solutions to our own problems first before we start trying to bring refugees in to fix theirs.

You dont take the food out of your family's mouths to feed someone else. Take care of you and yours first.

In the US, the idea seems to be take care of everyone else and fuck the American people.

Actually, I'd like to see a border like between the DDR and FRG - dogs, minefields, guard towers, machine guns, troops (with all their equipment), etc. I agree we should be taking care of us first.

Like a DIZ (a de-immigration zone) similar to the Korean DMZ ? However, that's only 160 miles by 2.5 miles.

_____________________________

You can be a murderous tyrant and the world will remember you fondly but fuck one horse and you will be a horse fucker for all eternity. Catherine the Great

Under capitalism, man exploits man. Under communism, it's just the opposite.
J K Galbraith

(in reply to KenDckey)
Profile   Post #: 63
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