Interesting, so apparently it varies from state to state:
Property Rights Lawyer, FAQs, Owners’ Counsel of America
|
|
| |
Property Rights Lawyer, FAQs, Owners’ Counsel of America
Here are a number of common questions and answers which may be helpful if your
property is condemned.
|
|
|
On Tuesday, January 7, 2020, 1:16:48 PM CST, EVDL Administrator via EV
<[email protected]> wrote:
On 7 Jan 2020 at 8:40, paul dove via EV wrote:
> Eminent Domain cannot be used to enrich corporations. I t can only take
> private land for public use.
That's what ED was intended for, but it's been misued to transfer private
property to other private owners for decades now. That use of the law
predates, but was legitimized by, the 2005 Supreme Court decision in Kelo v
City of New London. Look it up.
Here's a pretty good article about the problem:
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/05/17/the-
resurgence-of-eminent-domain-abuse/
https://v.gd/7LKC1S
The usual justfication is that taking private property for commercial
development increases the region's tax base. The court apparently
considered that sufficient "public good." If your house happens to be in
the way of the rich developer's plans, too bad.
As for transferring the NiMH patents to some other entity for the public
good, if they can justify the above, I'm sure that the courts could find a
way to justify appropriating the NiMH patents.
I'm equally sure that they won't try. For such a transfer to happen, it
would have to shower more riches on a multi-billionaire or on some huge
corporation with powerful political connections. I don't see that happening
with NiMH.
David Roden - Akron, Ohio, USA
EVDL Administrator
= = = = = = = = = = = = = = = = = = = = = = = = = = = = =
EVDL Information: http://www.evdl.org/help/
= = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Note: mail sent to "evpost" and "etpost" addresses will not
reach me. To send a private message, please obtain my
email address from the webpage http://www.evdl.org/help/ .
= = = = = = = = = = = = = = = = = = = = = = = = = = = = =
_______________________________________________
UNSUBSCRIBE: http://www.evdl.org/help/index.html#usub
ARCHIVE: http://www.evdl.org/archive/index.html
INFO: http://lists.evdl.org/listinfo.cgi/ev-evdl.org
Please discuss EV drag racing at NEDRA (http://groups.yahoo.com/group/NEDRA)
-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://lists.evdl.org/private.cgi/ev-evdl.org/attachments/20200107/86d8d89d/attachment.html>
_______________________________________________
UNSUBSCRIBE: http://www.evdl.org/help/index.html#usub
ARCHIVE: http://www.evdl.org/archive/index.html
INFO: http://lists.evdl.org/listinfo.cgi/ev-evdl.org
Please discuss EV drag racing at NEDRA (http://groups.yahoo.com/group/NEDRA)
