Chinese release 8 American protesters Aug 25, 2008
The group consisted of investors who wanted to demonstrate against local officials who, the investors said, had swindled them out of just compensation for their investments. "My daughter is confused. From this trip she felt that what she has learned from books is too different from reality," said Lu Weiping, the mother of the 14 year old. (AZCentral -- News)
Charter Board Still Debating on Legislative Branch Powers Aug 23, 2008
All land sales made through eminent domain are required to be for public use and to provide just compensation in accordance with the Fifth Amendment. Adams noted that the land is purchased and owned by the government, and should therefore be at the government's disposal to do with what it will. (Missourian Publishing, MO)
Bush Signs Bill to Allow Closure of Libya Terror... Aug 5, 2008
Some victims of other attacks, such as the 1989 bombing of French UTA Flight 772 from the Republic of Congo to Paris that killed 170, in which Libya also was implicated, say they would be deprived of just compensation. The U.S. had no diplomatic relations with Libya from 1980 until late 2003, when leader Moammar Gadhafi pledged to abandon his weapons of mass destruction programs, stop exporting terrorism and compensate the families of victims of several attacks, including the Pan Am 103 bombing. (Fox News)
No miscarriage payment 'enough' Aug 3, 2008
He added: "I think he is going to find it difficult to come to terms that he went to prison in the first place. "He is going to be very angry that he did and he'll want people [held] responsible for this miscarriage - some sort of redress - not just compensation. " Mr O'Brien, who lives in Cardiff and now works to help other victims of miscarriages of justice, said he had to wait eight years before receiving his compensation from the government. But he remains bitter that the House of Lords... (BBC News -- UK)
U.S. Backs Settlements Between Libya, Terror Victims Aug 2, 2008
"It will allow them the fair and just compensation that they've been seeking in an expeditious manner," spokesman Sean McCormack told reporters. He said it would also "allow the United States and Libya to finally close the book on a contentious period in our relationship and to look to the future.". (Fox News)
Spoiling for a fight: An ongoing dispute between landowners near the Muscatine Slough and Trustees is at a standstill for now. But the issue is likely to dredge up some more controversy next year Aug 2, 2008
In their the letter, Maxwell and Ballard said it is unlikely any of the dredge material will ever be piled on the residential side of the slough unless the Trustees acquire additional land by taking it and paying just compensation. But that threat, whether perceived or not, has been very frustrating for the residents. (Muscatine Journal, IO)
La. Residents Near Levee Lose Fight To Keep Trees Aug 1, 2008
Reese ruled that homeowners affected by the tree-cutting program have a right to seek "just compensation." The federal government has agreed to cover the cost of removing trees and fences from the levees. The tree-cutting case isn't the first to pit homeowners against the corps after Katrina. (CBS News -- US)
Letters to the editor Jul 30, 2008
Texas eminent domain law is based on Hubenak vs. San Jacinto Gas, which says any low ball offer qualifies as just compensation. 3. (Taylor Daily Press, TX)
LETTERS: NCT, July 29, 2008 Jul 30, 2008
"I agree, in some respects, it has been very disgraceful. A huge increase in entitlement spending, while allowing previously given entitlements to break the back's of our children.President Clinton was impeached for lying under oath to a Federal Judge, held accountable, and rightly so.But, we will not lose our freedoms from either of these two men, the Supreme Court will steal them from us.What we have with this court, is Judicial Tyranny. Where your own breath is considered a pollutant. Where... (North County Times)
Mining company appeals 9th Circuit ruling Jul 30, 2008
When America's founding fathers adopted the Bill of Rights and its bar against the state seizure of private property for public use without just compensation, they intended it to apply, obviously, against governmental entities, including states, said William Perry Pendley of Mountain States Legal Foundation, the conservative, Colorado-based legal group representing Seven-Up Pete ... Following procedure, the federal case was put on hold while the company sought to exhaust its state remedies,... (Missoulian, MT)
Be careful, because EPA could take away your home, too Jul 29, 2008
Concerned Citizen wrote on Jul 27, 2008 11:03 AM:" Excellent editorial! EPA wetlands designations are completely out control and are in a reality a public taking of your property without just compensation. Please keep us informed.Thanks. ". Eva wrote on Jul 27, 2008 10:58 PM:" This is almost not to be believed in the USA, but, what is happening is scarry. Please keep us informed on this and if any good news comes to these poor people. This is just more than a nightmare. We must not stand for... (Greenville Delta Democrat Times, MS)
Respect property owners’ rights, too Jul 24, 2008
The Minnesota Constitution, article one, section 13, states private property shall not be taken, destroyed or damaged for public use without just compensation. Are there going to be tax breaks. (Winona Daily News, MN)
Loud music report leads to arrest for marijuana Jul 23, 2008
" The USA spends 69 billion tax dollars every year on the drug war, builds 900 new prison beds and hires 150 more correction officers every two weeks, arrests someone on a drug charge every 17 seconds, jails more people than any nation and has killed over 100,000 citizens in the drug war. In 1914 when there were no prohibited drugs 1.3% of our population was addicted to drugs, today 1.3% of our population is still addicted to drugs and theres way more crime and violence because of the huge... (Bartlesville Examiner-Enterprise, OK)
Ministers 'failing UK soldiers' Jul 17, 2008
"By committing themselves to put their lives on the line for their country they deserve immediate medical attention and just compensation if they are injured.". Military personnel are banned from taking strike action, joining trade unions or taking part in political activities. (BBC News -- UK)
'JUSTICE': Family to sue psych ward for $25M in watched-death case Jul 13, 2008
"We failed Esmin Green and believe her family deserves fair and just compensation," Aviles said. "HHC referred this matter to criminal enforcement and regulatory authorities on June 20. We have been cooperating and will continue to support any and all investigations.". (USA Today -- News)
Pinewild Suit Has Setback Jul 13, 2008
Lydia Boesch, John Boesch and other property owners in the gated community who oppose involuntary annexation by Pinehurst filed suit in January asking the federal courts to rule the Pinewild annexation would be a "taking" in the context of the Fifth Amendment -- which requires "just compensation" when government takes private property for public use ... "Plaintiffs seek only a declaration that the proposed annexation constitutes a taking for which plaintiffs are entitled to just compensation... (The Pilot Newspaper)
Deriving Their Just Powers Jul 8, 2008
3) That just compensation was paid to the property owner for the land taken. Common sense tells us what a legitimate public use island for public buildings or facilities, roads, even for recreational lands. (Townhall.com)
Removal of trees begins along canal Jul 8, 2008
"What we're really trying to accomplish is to stop the corps from taking people's land without just compensation," said Randall Smith, an attorney representing the 17th Street Coalition. But a few others along the southern end of Bellaire, where the "fattened," or overbuilt, levee is much larger, took little comfort in the ruling. (Nola.com -- Sports)
Corps can clear land at 17th Street Canal Jul 7, 2008
However, the judge said the plaintiffs, property owners who live along Bellaire Drive abutting the canal, "have a right to make a claim for just compensation" in the form of monetary damages ... "What we're really trying to accomplish is to stop the corps from taking people's land without just compensation," Smith said. (Nola.com -- Sports)
State demands aid for power industry Jul 5, 2008
"Just compensation should be provided for any acts of government that have a significant adverse impact on a property right," the state Treasurer, Michael Costa, said, "as well as supporting the sector making investment in lower-emission technology.". Ross Garnaut recommended Canberra allocate $1 billion to $2 billion - to be matched by industry - to help coal-fired power plants adjust to emissions trading. (Sydney Morning Herald -- Australia)
LETTERS: NCT, June 18, 2008 Jun 19, 2008
The sooner people of conscience realize this and stop supporting the troops, the sooner we can end the U.S. occupation, heal our economy and, hopefully, move toward some just compensation for the Iraqi people. Brian Williams. (North County Times)
Opponents: Trail will ruin valley Jun 14, 2008
It is the only state in the country that does not have an express constitutional provision that limits the taking of private property for a public use with just compensation. "State legislation is the only thing coming between North Carolinians and the government's ability to take private property for economic development or any other reason. When legislation can be changed at the whim of political interests, this is far from adequate protection," the foundation states in a recent report. (Lenoir News Topic, NC)
Heavy Rainfall Leads to State of Emergency in Many Areas Jun 12, 2008
- The raid on the Fund was an unconstitutional taking of health care providers property rights without just compensation. - An unconstitutional impairment of health care providers contractual rights. (Agri-View, WI)
Missouri court backs property owners facing condemnation threat Jun 11, 2008
The Missouri Constitution already states: ''That private property shall not be taken or damaged for public use without just compensation. . (Camdenton Lake Sun Leader, MO)
Flooded Devils Lake landowners want money Jun 3, 2008
"We're saying they have the obligation to pay just compensation.". Ron Fischer, an attorney for seven county water resource districts, said a sharp increase in rain and snow caused the lake's rapid rise during the 1990s, not water diverted by a handful of drainage projects north of Devils Lake. (Bismarck Tribune, ND)
KNBC Investigation: Prop 98, 99 Advertisements Jun 3, 2008
Defines just compensation. Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. (NBC4.tv, CA)
Ninth Circuit Outrage: States Immune from Fifth Amendment! Jun 1, 2008
At the same time, as a 1985 Supreme Court opinion required, Seven Up Pete sought to exhaust their state remedies with a lawsuit in state court seeking just compensation ... Furthermore, because the Fourteenth Amendment, which through its Due Process Clause, applies the Takings Clause to the States, the States, by their ratification of the Civil War Amendments, including the Fourteenth, waived their immunity from federal lawsuits for just compensation ... It is not just the U.S.... (Townhall.com)
When interests collide Jun 1, 2008
What the amendment does say is that the government can t take people s land away without just compensation. Most commonly today, that governmental right to take property for the greater public good, called eminent domain, is used when the government needs to construct roads. (Logan Herald Journal, UT)
Commission discusses communication project May 31, 2008
We felt we offered just compensation, and we need to move the project forward so we don t lose the federal funding. Van Parys said the county could proceed with eminent-domain proceedings while continuing to negotiate with property owners over right-of-way costs. (Leavenworth Times, KS)
End of the line May 23, 2008
AFG is now seeking a court order declaring that Amtrak has violated its rights under the Fifth Amendment - which requires the government to pay just compensation for taking private property - and under the 1997 law. It's also asking for monetary damages. (Cincinnati Business Courier, OH)
NSW attacks climate report May 16, 2008
The NSW Government argues that not compensating generators would violate the democratic norm of providing just compensation to businesses adversely affected by policy changes. send photos, videos ffs to 0424 SMS SMH (+61 424 767 764), or us. (Sydney Morning Herald -- Australia)
NT allowed to acquire native title land May 15, 2008
It is also compelled to pay just compensation. But a spokesman for the Northern Land Council said the act had not been used fairly. (Sydney Morning Herald -- Australia)
Natural gas series: Deep Pockets May 9, 2008
So far they have offered about 5K for a five year lease which after reading the series of articles (Deep Pockets) doesn't seem like just compensation. W e have not formed a landowner's association----whether we will I really don't know. (Scranton Times, PA)
Eminent domain usually not the best solution May 8, 2008
President V. should check with one of his profs who teach constitutional law and get a primer on the Fifth Amendment: No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation ... But the Constitution says nothing about just compensation hinging on appraisals of similar neighborhoods ... Rather, it says just compensation. (Russellville News Democrat Leader, KY)
D'Antoni's road to Bulls has hurdles May 8, 2008
If Suns coach Mike D'Antoni could get what he wanted for his 57th birthday today, it would be a long-term contract with just compensation from the Chicago Bulls. An NBA source close to the situation said three things could make that happen. (AZCentral -- Sports)
Mark Bradley's game blog May 5, 2008
If the Hawks will recieve just compensation, I d let him go if he ask for a big money contract. By BIRDDAWG. (Atlanta Journal-Constitution)
More of this story May 2, 2008
The issue of just compensation for the 27 cabin owners which filed suit to challenge the state s taking ownership of the cabins remains pending in the Intermediate Court of Appeals, he added. County Councilwoman JoAnn Yukimura said the bill is important because it prevents auction speculation that could take most of those cabins and access to the forest out of reach of Kauai residents. (Lihue Garden Island, HA)
Botched school project has high price Apr 6, 2008
"It should be noted that under terms of the settlement agreement the state preserves its right to appeal the court's prior ruling that just compensation for this property should include the value of improvements made while (Schools Development Authority) was taking steps to acquire it.". The saga is one of the leftovers from a flawed effort to jump-start the state's $8. (NJ.com)
Prichard ordered to pay for home Apr 6, 2008
" The judge ruled in favor of Turner's inverse condemnation claim, stating in his judgment that the city "did occupy and injure the property of Bessie Mae Turner constituting a taking without just compensation. " Huntley said the judge misinterpreted Alabama Eminent Domain law and related case law by ruling in favor of the inverse condemnation claim. According to Huntley, the city would have had to take possession of the property and use it for public purpose. Huntley said he planned to ask... (AL.com)
Don't single out black children: commissioner Apr 1, 2008
He recommended reinstating the Racial Discrimination Act, the right to just compensation for compulsorily acquired land, the right to review of administrative decisions and replacing arbitrary welfare and alcohol restrictions with voluntary, community-based schemes. As a 12-month review of the intervention looms, he said it was outrageous to suggest child abuse could not be tackled without respecting basic human rights. (Sydney Morning Herald -- Australia)
Man sues govt for RM6.9m over excess caning Mar 28, 2008
I want just compensation, they must be responsible, he said. This is the second time the Singapore government has been sued for meting out the wrong number of strokes. (The Star Online, Malaysia -- News)
Navy cancels condemnation of some land at Site C Mar 26, 2008
2 million its estimate of just compensation. The litigation to determine the actual just compensation was still pending in federal district court until Tuesday. (Washington Daily News, NC)
After deliberation, A's headed to Japan Mar 20, 2008
" The issue arose on Monday, when Red Sox manager Terry Francona was informed that his coaches and staff traveling to Japan wouldn't be compensated for the trip, while 30 players designated by each team to travel would receive $40,000. The union negotiated the deal with Major League Baseball late last year, when Red Sox players said they'd refuse to approve the trip without just compensation. There's a pool of funds from the event that is split evenly between the union and management, but the... (MLB.com -- Oakland Athletics)
Jail time ordered in boat crash case Mar 7, 2008
The victims of the accident have a right to be upset, but as I said before, this case calls for a civil court to weigh the competing degrees of contributory negligence in arriving at just compensation. I ask that any restitution be reasonable for Mr. Brost to repay in the time of probation. (Chippewa Falls Chippewa Herald, WI)
Telstra wholesale access appeal fails Mar 7, 2008
Telstra launched a challenge against the ACCC under section 51 (xxxi) of the constitution, which guarantees just compensation when property is compulsory acquired. Under the current arrangement, Telstra's wholesale customers pay $14. (ARNnet)
READERS WRITE Mar 6, 2008
There exists a prohibition for governments to seize private property without due process and forfeiture without just compensation. What's next, taking homes. (Atlanta Journal-Constitution -- Opinion)
Critics: Billboard bills burden cities, threaten trees Mar 6, 2008
Billboard companies say they're only asking for what's fair: just compensation if they have to move a sign, and signs that drivers can see unobstructed. RELATED LINKS. (Atlanta Journal-Constitution)
Rivals kept busy as Telstra takes pricing decisions to court Mar 2, 2008
Telstra has disputed the validity of regulations allowing competitors to install their equipment on its network, arguing that the access regime does not provide just compensation. In the other legal action, Telstra wants the Federal Court to set aside ACCC decisions setting prices for the rent rivals have to pay for access to the copper wires in order to connect their equipment. (Sydney Morning Herald -- Business)
Big raise could mean $1 million more in retirement for Lodi unified superintendent (1) Mar 2, 2008
I suspect this is the philosophy of the Board on how they treat County employees, not just compensation for Casanega. " Former Lodi Resident wrote on Feb 23, 2008 10:21 PM:" If this person is getting paid that much money, he better be working 200 hours a week until he gets the school system fixed. (Lodi News Sentinel, CA)
U.S. Won't Intervene in Palestinian Lawsuits Mar 1, 2008
"The United States supports just compensation for victims of terrorism from those responsible for their losses and has encouraged all parties to resolve these cases to their mutual benefit," it said. "At the same time, the United States remains concerned about the potentially significant impact that these cases may have on the financial and political viability of the defendants.". (Newsmax)
Family farm faces eminent domain case Feb 22, 2008
Only two boarded up homes and a no trespassing sign, located off of Metlars Lane, mark the spot of an epic struggle involving eminent domain, which allows the government to seize land for public use provided they give just compensation to the owners of that land. The Halper family left their 75 acre Cornell Dairy farm, which they had owned since 1922, in the middle of the night seventeen months ago, after losing a nine-year battle with Piscataway Township. (The Daily Targum, NJ)
S.C. Republicans will succeed Feb 13, 2008
Additionally, South Carolina Republicans "strongly support private property rights and just compensation" for property owners if government takes their land. (Page 6, SCGOP Platform) Meanwhile, South Carolina Democrats passed a resolution opposing fair and reasonable compensation for property owners if government takes their land. (Orangeburg Times and Democrat, SC)
Agreement paves the way for I-75 crossing project Feb 13, 2008
While Proctor withdrew his objection, allowing the Otsego County Road Commission (OCRC) to secure the right of way to the Dickerson Road property, on Tuesday he said he is not optimistic about coming to an agreement for just compensation of his business ... According to Circuit Court Judge Janet Allen, who presided over Thursday s brief hearing, although Proctor withdrew his objection he still has the right to a hearing for just compensation of his business. (Gaylord Herald Times, MI)
Parties settle I-75 crossover land dispute Feb 9, 2008
On Friday, Judge Janet Allen said Robert Proctor withdrew his objection to the necessity of taking the property by the OCRC. Allen said Proctor now has the right to a hearing for just compensation of his Dickerson Road business by the road commission. - Advertisement - At Thursday s brief hearing in 46th Circuit Court Cheboygan attorney Joseph Kwiatkowski, representing Proctor, told Allen his client had objected to the road commission s attempts to secure the right of way to the property. (Gaylord Herald Times, MI)
Property-rights measure qualifies for June ballot Feb 6, 2008
It also requires agencies condemning property to provide just compensation to owners, including reasonable relocation expenses and payment for temporary business losses. "Our measure provides a sensible solution by continuing to allow use of eminent domain for legitimate public needs such as roads, schools and water projects," Mosebar said. (Yreka Siskiyou Daily News, CA)
NCTA Keeping Three-Year Dual Carriage Vow Feb 6, 2008
At one time, NCTA had threatened a legal challenge based on duplicative carriage as a taking of private property without just compensation, violating the 5th Amendment in the Constitution. But it backed down after the FCC agreed to NCTA s three-year sunset. (Multichannel News)
Seat 2B: How to complain Feb 1, 2008
Get just compensation when things go awry on the road. Did things go all wrong on your last flight. (MSNBC -- Travel)
Federal Suit Filed in Annexation Feb 1, 2008
"This annexation will diminish the quality of life of Pinewild owners and reduce the value of their private, commonly owned property. Just compensation, therefore, is required by both state and federal constitutions.". Boyce said in. (The Pilot Newspaper)
By Joe Cotchett-Matter of Opinion Jan 31, 2008
This caused the present suit that ended up in federal court for inverse condemnation - the taking of land in violation of the Constitution, which calls for just compensation. Without getting into the legal issue of whether the federal court had jurisdiction, a combination of cute lawyering and a total failure of understanding by the City Council landed the case in federal court under the Fifth Amendment taking clause. (Half Moon Bay Review, CA)
Dream H.S. hoops matchups DISCUSS Jan 23, 2008
These are games that aren t on the schedule, but we think the fans deserve to see as just compensation. 10. (Atlanta Journal-Constitution -- Sports)
Smiling logic smothers justice Jan 20, 2008
The collective rural land which is supposed to be the peasants' safety net does not confer rights to exclusive possession, or sale, or just compensation - so long as the officials who enforce land laws are also the ones taking the land. What peasants have is an informal licence to occupy their land until whenever and wherever officials change their minds. (Sydney Morning Herald -- Business)
Grammys seek strike-free show Jan 17, 2008
He stressed the Recording Academy supported the writers in their effort to get more money for digital content because the music industry had "for more than a decade been fighting to obtain fair and just compensation". The Grammys ceremony was also "vital" to the music industry and creative community, he said, and it "literally saves lives" through its charitable contributions. (BBC News -- Entertainment)
Strike End in Sight: Writers' Strike Moves to Solution Jan 17, 2008
Both groups are intricately tied in their resolve to negotiate just compensation for their work in the new media and DVD residuals. If that isn't enough, the 10 percent fallout in viewership seen by the major networks since the strike's beginning should motivate the directors to reach an agreement agreeable to the writers. (The Daily Universe, UT)
Statement from Neil Portnow, President/CEO of The Recording Academy(R) Regarding the 50th Annual GRAMMY(R) Awards: Jan 16, 2008
"On January 8, 2008, I met with WGA President Patric Verrone to outline these and other facts. During that meeting, I explained that the music industry had for more than a decade been fighting to obtain fair and just compensation for the original digital content of its members and thus, of course, supported the WGA in its efforts to obtain like results for its own members. I outlined in great detail the scope, reach, and vital importance of GRAMMY Week and the 50th Annual GRAMMY Awards telecast... (Yahoo! Wire -- Entertainment News)
Landowner at border: Compensate me Dec 29, 2007
The amendment bars the taking of private property for public use without just compensation. "Nobody can develop a piece of property that is crawling with aliens at night and Border Patrol vehicles and personnel 24 hours a day," said Marzulla. (Los Angeles Times)
