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jgoose71

Eminent Domain Gone Wild

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I had to re-read the article 3 times. I just get more and more pissed off every time I read it.

Does this seem right to you?

http://www.foxnews.com/politics/2014/04/16/colo-eminent-domain-case-settled-with-115000-sale/
"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

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jgoose71

I had to re-read the article 3 times. I just get more and more pissed off every time I read it.

Does this seem right to you?

http://www.foxnews.com/politics/2014/04/16/colo-eminent-domain-case-settled-with-115000-sale/



You need to understand mining laws if you are going to "own" an old mine or patented claim that sits in the middle of otherwise public lands
just a quick start ... and it gets worse from there
http://everydaylife.globalpost.com/patented-mining-claim-mean-keep-mineral-rights-28795.html

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Amazon

***I had to re-read the article 3 times. I just get more and more pissed off every time I read it.

Does this seem right to you?

http://www.foxnews.com/politics/2014/04/16/colo-eminent-domain-case-settled-with-115000-sale/



You need to understand mining laws if you are going to "own" an old mine or patented claim that sits in the middle of otherwise public lands
just a quick start ... and it gets worse from there
http://everydaylife.globalpost.com/patented-mining-claim-mean-keep-mineral-rights-28795.html

The article never mentioned if they had patented or unpatented right to the land. I guess that does make a difference according to your article....

But still, they owned the land. It was there 10 acres of paradise on top of a mountain. The "commercial use" cited by the county was the gathering of pine cones. It was condemned because the cabin didn't have plumbing or electricity.

I'm just having a hard time with this one. Especially since a cabin in the middle of no where is one of my dreams...:S

Edited to add: and to make them settle for $110,000. Do you honestly think that is what the property is worth?
"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

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jgoose71

******I had to re-read the article 3 times. I just get more and more pissed off every time I read it.

Does this seem right to you?

http://www.foxnews.com/politics/2014/04/16/colo-eminent-domain-case-settled-with-115000-sale/



You need to understand mining laws if you are going to "own" an old mine or patented claim that sits in the middle of otherwise public lands
just a quick start ... and it gets worse from there
http://everydaylife.globalpost.com/patented-mining-claim-mean-keep-mineral-rights-28795.html

The article never mentioned if they had patented or unpatented right to the land. I guess that does make a difference according to your article....

But still, they owned the land. It was there 10 acres of paradise on top of a mountain. The "commercial use" cited by the county was the gathering of pine cones. It was condemned because the cabin didn't have plumbing or electricity.

I'm just having a hard time with this one. Especially since a cabin in the middle of no where is one of my dreams...:S

Edited to add: and to make them settle for $110,000. Do you honestly think that is what the property is worth?

The government... various jurisdictions and departments has been reclaiming non producing tracts that had not lived up to the rules.. I am probably not explaining it well since its been 30 to 40 years since it was part of my life.. but there are hoops and a lot of rules pertaining to the EXACT legal status. How the land was initially "acquired" back 100 or more years ago is really important. The thing may have been sold because someone believed it was private property and they wanted out..... but the new owners eventually have to deal with all the legalities.. with mining laws of the 1870's and then further "enhancements" including major changes in the 1970's-80's...

My mine was a cool place to go hang out.. and maybe mine a little gold, but putting up with the realities of the production... royalties... and begging for access as well as what I could build.. was just not worth the hassle for the amount of actual minerals there and the amount I would have to spend in "improvements".

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Don't worry, you explained it well. The article doesn't necessarily give enough details to say whether or not the said actions were legal or illegal, although none of the reasons sighted in the article for the eminent domain case had nothing to do with the mine. We may have to leave it at that.

However, legal or illegal, there is nothing about this story that would suggest that the county bureaucrats were morally right, or showed the slightest bit of caring about the well being of the constituents...

Shit all over the little guy.
"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

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jgoose71

Don't worry, you explained it well. The article doesn't necessarily give enough details to say whether or not the said actions were legal or illegal, although none of the reasons sighted in the article for the eminent domain case had nothing to do with the mine. We may have to leave it at that.

However, legal or illegal, there is nothing about this story that would suggest that the county bureaucrats were morally right, or showed the slightest bit of caring about the well being of the constituents...

Shit all over the little guy.



The guy was being 'green' and 'fire wise' by mitigating fire fuel by picking-up those pine cones. Geeze...
That's the way the government works... drag you through the courts till you're dead broke, go back to laws that are still on the books but hadn't been used in a hundred years, claim there is some 'endangered species' on the property and they have to save it and finally the victim is out of resources and bingo... the government wins again! They have more tricks than a trained seal and they always win.


Chuck

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Remember the Kelo case?

Where a couple had property on east coast ocean front.
the city claimed that with big development they would get more tax dollars that would benifit the city
The supreme court upheld this city's land grab
They took the home (of this elderly couple who retired here and had owned for decades) bulldozed it and gave it to the developer
The propertys sit empty today[:/]

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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rushmc

Remember the Kelo case?

Where a couple had property on east coast ocean front.
the city claimed that with big development they would get more tax dollars that would benifit the city
The supreme court upheld this city's land grab
They took the home (of this elderly couple who retired here and had owned for decades) bulldozed it and gave it to the developer
The property sit empty today[:/]




Proof positive that our government truly cares about the citizens of this country! (sarcasm)


Chuck

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Not sure what your problem is with capitalism?

The party with the most money (power) won. This is how capitalism is supposed to work.

If the couple hand't been so lazy, they would have worked harder, made more money and had a better chance fighting the government.

Do you think Bill Gates would have lost that land?

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SkyDekker

Not sure what your problem is with capitalism?

The party with the most money (power) won. This is how capitalism is supposed to work.

If the couple hand't been so lazy, they would have worked harder, made more money and had a better chance fighting the government.

Do you think Bill Gates would have lost that land?



I'm not sure if you are being sarcastic or not so I'll stick to the most obvious flaw in your argument (though there are many).

In a true capitalist society the person with the most money and power isn't supposed to be the government. That would be a socialist/communist society... :ph34r:
"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

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jgoose71

***Not sure what your problem is with capitalism?

The party with the most money (power) won. This is how capitalism is supposed to work.

If the couple hand't been so lazy, they would have worked harder, made more money and had a better chance fighting the government.

Do you think Bill Gates would have lost that land?



I'm not sure if you are being sarcastic or not so I'll stick to the most obvious flaw in your argument (though there are many).

In a true capitalist society the person with the most money and power isn't supposed to be the government. That would be a socialist/communist society... :ph34r:

In our case, the folks with the most money have simply bought the government.
...

The only sure way to survive a canopy collision is not to have one.

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SkyDekker

Not sure what your problem is with capitalism?

The party with the most money (power) won. This is how capitalism is supposed to work.

If the couple hand't been so lazy, they would have worked harder, made more money and had a better chance fighting the government.

Do you think Bill Gates would have lost that land?



That's not true at all. capitalism is based on a provider charging what the market will bear for his product. In the case cited, the couple weren't willing to sell for what the buyer (city) was willing to pay, so they took it by eminent domain. That's not capitalism...
If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

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We have known since the 90's that the SCOTUS ruled that you are only allowed to own something as long as it's convenient for the government to allow you to own it. One of the states even foreclosed on a justice's ( Souter )house to prove the point. It didn't work.
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