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Started By
Message
re: Breaking: Confiscating Legal Weapons at Bundy Ranch in Nevada
Posted on 4/13/14 at 1:10 pm to WildTchoupitoulas
Posted on 4/13/14 at 1:10 pm to WildTchoupitoulas
That's all great until the government says imminent domain.
Doesn't matter if you own the land outright and paid taxes for the last 500 years.
This doesn't pertain to the current situation just thought you would like to know so if they ever come to take your shite don't cry wolf then when it's you.
quote:
"...The property of subjects is under the eminent domain of the state, so that the state 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."
Doesn't matter if you own the land outright and paid taxes for the last 500 years.
This doesn't pertain to the current situation just thought you would like to know so if they ever come to take your shite don't cry wolf then when it's you.
Posted on 4/13/14 at 2:06 pm to bulldog95
quote:
That's all great until the government says imminent domain.
I'm aware of imminent domain, and here is the critical clause:
"the state is bound to make good the loss to those who lose their property"
ie, the state will pay "fair market price" for such acquisitions.
I was threatened with emminent domain, untiil I pointed out that my neighbor's property was FAR more suitable for the public good - and I could easily prove it in a court of law. All of my neighbor's high-powered attorneys couldn't prove that there was a more suitable location for a public right of way than their client's property, and lost. Sucks for them.
I am also aware of adverse possession (which is far more onerous than imminent domain):
"By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, squatter's rights are a specific form of adverse possession."
Unfortunately for the Nevadan rancher, adverse possession does not apply to public lands.
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