You really do want avoid my point, don't you?
Do you or do you NOT believe in property rights?
Forcing a land owner to take a RISK they do not benefit from and do not want to take is THEFT of their property rights.
Yes or no, lad, do you believe in property rights?
To exercise the power of
eminent domain, the government must prove that the four elements set forth in the
Fifth Amendment are present: (1) private property (2) must be taken (3) for public use (4)
and with just compensation.
And that's where most private property owners get screwed.
For instance,
real market provable losses are sustained by those whose property is effected, yet their compension is often ZERO.
If for example the pipeline is running over the aquifer, that DOES effect the value of properties that depend on that aquifer.
The market WILL respond to the RISK, but as the aquifer is NOT YET DAMAGED, no court will find for the property owner.
So the property's values declined, but the property owners are left without any compensation.
Sport I just went through exactly this problem for the last two years.
Had the project near me been built?
I'd have lost at least HALF the value of my home but the developers of the project woould NOT have been
forced to compensate me or my neighbors for the very REAL PROVABLE losses our properties took.