Eminent Domain

Filed under: — tkm September 21, 2005 @ 0:0 am
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  • THE OHIO CONSTITUTION

    ARTICLE 1—BILL RIGHTS
    § 1.19 Inviolability of private property (1851)
    Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefore shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.

    Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefore shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.

    ARTICLE 18—MUNICIPAL CORPORATIONS
    § 18.03 Powers
    Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws. (Adopted September 3, 1912.)
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    The fundamental purpose of government is to protect our “inalienable rights” to life, liberty and property — not seize it for someone’s personal gain.

    Tyranny is when one cannot count on government to protect our individual rights.

    The Fifth Amendment to the U.S. Constitution, states, “Nor shall private property be taken for public use without just compensation.” Some say it is rather evident the intention of this clause is to permit government’s the ability to construct roads municipality service easements, and government owned buildings, but the Supreme Court’s majority felt differently. The Supreme Court assessed the phrase “public use” and defined its meaning as “public interest.”

    The Fourteenth Amendment to the U. S. Constitution, states, “nor shall any State deprive any person of life, liberty, or property without due process of law”. The authority for and the restrictions against the use of eminent domain in the United States are found in this Amendment. This Amendment forbids any state to take, or authorize any person to take, private property for a private use. Private property can only be taken for a public use.

    “Eminent Domain” has been around for ages. At first, private property was seized in the name of the state by royal regimes. Kings legally seized land just by invoking their royal titles. This sort of behavior is one of the motivational elements that drove the original colonists to America in the first place. This latest ruling and interpretation by the Ohio Supreme Court of the ‘Takings Clause’ returns present day Americans to the condition our forefathers struggled to escape.

    It is up to citizens of the state and local governments to insist their government cannot use eminent domain for anything other than its original intent. I urge everyone to contact your city council representatives and ask them to amend the city charter to ensure a citizen’s property will not be taken by eminent domain abuse. I understand how the promise of increased revenue and jobs could make this option palatable for some officials, I feel the safety and security of the citizens in their own home is more important.

    As a city council member, an oath of office was taken to uphold the Constitution of the United States and to defend it from enemies both foreign and domestic. Council members must abide by that oath, even if the Supreme Court does not, because we know that liberty does indeed reside in the hearts of the citizens.

    As Donald Boudreaux, former president of the Foundation for Economic Education, has said, “Liberty cannot be secured at ballot boxes or in courtrooms. Liberty must reside in the hearts of people, if it is to reign. And the only way that liberty can find its way into the hearts of people is through the promulgation and circulation of the ideas of liberty. In these ideas lies liberty’s only hope.” Liberty is the principle that guided the development of our country and is enshrined in our Constitution.
    Eminent domain exploitation slants the economics of development. This includes that, through government, the strong and politically connected can take advantage of the weak and unempowered. Using the law in this fashion is an alteration of the law and creates a system of legalized plunder. I unquestionably recognize the need of Eminent Domain for road, sewer or water projects and I believe that is where the power of eminent domain should stop.

    The myth that big development is better than small independent entrepreneurs and that, in order to attract a developer, local government must assemble smaller parcels of land into one monolithic chunk of land is just that, a myth. Many successful programs – the Main Street program among them – have demonstrated over and over that small-scale, incremental development is not only easier to achieve but also has lasting positive impact.
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    From my recollection of the meeting last night (9/12/2005) Mr. Baughman made the comment Ohio was not trying to enact any legislation that would put a moratorium on Eminent Domain.

    Was this comment made in order to mislead the citizens of Portsmouth?
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    DOCUMENTS

    Ohio Supreme Court Case–Norwood v. Horney & Norwood v. Gamble

    CLICK: To Read Case

    posted by tkm 7-30-06
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    PDT Article–Maybe even the daily newspaper will get it right this time

    CLICK: PDT Article by Jeff Barron 10-22-05

    posted by tkm 10-22-05
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    CLICK: 10/19/2005 DAUB LETTER

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    This property was bought and sold through the City and no ordinance was passed to give Kalb the authority to buy and sell this property; as a matter of fact it was overturned by the majority.  Review the contract below:

    CLICK: 10-14-05 1111 3rd St.–Contract
    CLICK: 1111 3rd St.–Pictures

    posted by tkm 10-18-2005
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    Click: 10/7/2005 Correspondence sent to council from Shawnee State University

    posted by tkm 10-9-2005
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    CLICK: 9-15-2005 Correspondence sent to Council from Developer’s (Hatcher) Attorney

    posted by tkm 10-9-2005
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    CLICK: Senate Bill 167

    tkm 9/13/2005 on Moe’s
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    Some may say this is a cartoon but it’s not. This is reality in Portmouth, Ohio.

    CLICK: PORTSMOUTH OHIO

    tkm 9/13/2005 on Moe’s
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    Ohio Secretary of State file for Campus View ASSociates, LLC:

    Any guess on Attorney???????

    CLICK: CAMPUS VIEW

    tkm 9/7/2005 on Moe’s
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    Here is an article from the Columbus Dispatch. As you read the article you will notice public officials in other communities are taking the right steps in the protection of their taxpayers.

    Do you think any of Portsmouth’s public officials’ will come to the defense of the taxpayer—What about it Mayor(?) and City Council Members? This will be something to watch for at the next council meeting, September 12th, and remember during the upcoming election in November.

    CLICK: DELAWARE OHIO 8-23-2005

    tkm 9/7/2005 on Moe’s
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    Signed by President of Council–James D. Kalb, 6/24/2002

    CLICK: Ordinance 2002-79

    tkm 10/18/2005
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    Signed by President of Council–James D. Kalb, 6-10-2002

    CLICK: Ordinance 2002-70

    tkm 10/19/2005
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    Below is a pdf copy of the Contract signed by Bauer and approved by City Council that sold out the farm–(city).

    CLICK: EMINENT DOMAIN CONTRACT 7-2002

    tkm 8/16/2005 on Moe’s
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