in a freeway, and my house just happens to be in the middle of the new road's path, the
government has a constitutional right to take my property, paying a reasonable price for
it.
But suppose I have a large and
powerful neighbor-say, a major casino-and they want my land. Can they take it? Or force me
to sell? No. Only the government has the authority to force me out -- and then, only if
the property is for "public use," as clearly written in both the national and
state constitutions.
The founding fathers regarded
property ownership as a right given to individuals from God, an "unalienable
right," and carefully wrote into the Constitution safeguards to insure government
protected, not plundered, private property. The founders were well aware of several
centuries of government abuse by both English Monarchs and Parliament of private property
ownership, and were determined to prevent any such legalized thievery from happening here.
But compare: The Reno Redevelopment
Agency [The Reno City Council, using a phony front to conceal and indemnify] has approved
a plan to expand the City's "eminent domain" policy. The new policy is described
in a Reno newspaper: "Previously, the policy
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for eminent domain was limited to property needed for public projects on the [Truckee]
river, abandoned buildings and new downtown housing projects. The new policy is tied to a
"developer incentive" called ownership participation agreements, WHICH GIVE A
DEVELOPER THE RIGHT, TO PROPOSE A PROJECT ON LAND SOMEONE ELSE OWNS."(Emphasis mine.)
The government does not have the
right to force a private landowner to turn over his property to another private
individual, group, or developer. In fact, that's why government and the concept of
"rule of law" came into existence in the first place-to protect the weak from
the pillaging of the strong, or in modern vernacular, an ordinary landowner from a
wealthy, powerful, campaign contributing developer. So, what happens if a citizen turns to
the law and the courts for protection? The description continues: "The property owner
would have the option of becoming a partner, BUT IF THEY REFUSED, THE CITY COULD USE
EMINENT DOMAIN AND HAVE A COURT GIVE THE LAND A VALUE TO BE PAID TO THE OWNER."
The courts, rather than protecting
the little guy, instead become a tool, an accomplice in effect, of the extortionists!
Where does the government derive the |