USA to give Eminent Domain rights to China!!!

[Thunder]

http://s1.zetaboards.com/LooseChangeForums/topic/1302447/1/

Oh my goodness!! In the event that the USA cannot pay back its debts to China, they will get eminent domain anywhere in the USA!! Holy Guacamole!!!

:D

The concept that ANYONE in this country can actually even fathom such nonsense, is just sad sad sad.

[Travis]

Old Bob......is that you? (http://forums.randi.org/showthread.php?t=136367)

[Thunder]

oops. sowwy.

[Travis]

Well, to be fair. That Old Bob thread was pretty incoherent. Which, I'm sure, had nothing to do with a certain poster.

[LightinDarkness]

When your area of research is infringed upon by the woos, it makes you want to cry. I did my master's thesis on eminent domain and have a published paper about it - and reading this makes my head hurt. I guess I'm feeling the same stuff astronomers do when they read planet X junk:

WRONG
WRONG
WRONG
WRONG
WRONG

I am amazed, again, by the stupidity. Eminent domain "rights" cannot be given to a sovereign nation. Eminent domain can only be exercised by the state when the state can prove that the government has a compelling interest in the land.

[Klimax]

Interesting,yet have you seen those headlines at the top? :D

[Horatius]

Eminent domain can only be exercised by the state when the state can prove that the government has a compelling interest in the land.


This is another example of the CTists taking a bit of truth, and running with it. I'm sure you've seen it, but others might have missed the case of Kelo vs. New London, which significantly expanded the scope of what was traditionally considered to be a "compelling interest", which could conceivably be used to make giving effective control to China.

Of course, what they missed was the Executive Order Bush signed (http://www.foxnews.com/story/0,2933,200832,00.html) limiting the Federal government's use of eminent domain as a direct response to Kelo. Kind of a silly order to give if you're planning to give the country away to China.

[LightinDarkness]

This is another example of the CTists taking a bit of truth, and running with it. I'm sure you've seen it, but others might have missed the case of Kelo vs. New London, which significantly expanded the scope of what was traditionally considered to be a "compelling interest", which could conceivably be used to make giving effective control to China.

My research looked at the impact of Kelo. The actual ruling of Kelo was taken fantastically out of context by the media. What Kelo actually found was that state legislatures have the exclusive authority to determine the conditions and allowable uses for which state and local government actors could exercise eminent domain authority (which in this case, was for economic development). Because the state legislature in Kelo authorized eminent domain for economic development purposes, the New London Redevelopment Corporation made a valid taking according to the court. China, being a sovereign nation and not a state government, can not get eminent domain authority for the United States under any condition.

Kelo reaffirmed pre-existing judicial doctrine on state powers and lessened federal authority over the states on this issue.


Of course, what they missed was the Executive Order Bush signed (http://www.foxnews.com/story/0,2933,200832,00.html) limiting the Federal government's use of eminent domain as a direct response to Kelo. Kind of a silly order to give if you're planning to give the country away to China.

Ironically, Bush's executive orders had no impact on Kelo because they can only impact the federal government and Kelo decided state government authority. He limited the ability of the federal government to use eminent domain for economic development purposes - but no federal agency is engaged in direct economic development activities to begin with and so this never happened before and would have never happened in the future anyways. It was a political show of force with no effect.

Of course, as I said, in any case China can't just be signed over the authority to use eminent domain, which is why the CT is NUTS...

[Horatius]

Of course, as I said, in any case China can't just be signed over the authority to use eminent domain, which is why the CT is NUTS...


But the Kelo decision is the grain of truth they use to bake their loaf of stupid.

You've obviously paid much more attention to this case than I have, and I know I've paid more attention to it than the CTists. If I wasn't aware of the details you discussed, what chance is there that any of the CTists understand it that well? Heck, as you point out, it would seem that even Bush and his handlers didn't appreciate the limits on Kelo you describe.

It's these sorts of misunderstandings of the real events that opens the doors to the CTs. This is why we need to get the good information out there, as you did above. But to do that, we need to know where the misunderstanding comes from.

[Alareth]

This may be only tangentially related to what LightinDarkness said, but could the feds have an arguent for eminent domain in disaster relief and reconstruction?

Currently the Army Corps of Engineers is seeking budget funding to buyout property owners on the Gulf Coast in areas they consider dangerous to build or should be returned to a natural state such as the barrier islands. If forced, could the Fed's claim on the grounds of public safety?