The 5th Amendment/Eminent Domain

YoursTruly

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Dec 21, 2019
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The 5th: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The entire Amendment is deals with the governments authority over suspected criminals. From start to finish. So the question begs, why would they change the subject in the last sentence? "nor shall private property be taken for public use, without just compensation.”
IMO, they didn't change the subject. Also IMO, they're still talking about suspected criminals.

Example: Let's say a person is pulled over in his vehicle and goes to jail for expired license, no insurance and out of date registration. The vehicle is impounded. By the time he gets out, he owes for the tow and storage, more than he can afford. So the government keeps the vehicle until they can sell it at the auction.
IMO, the government owes the driver the blue book value of the vehicle. Not the auction selling price. Nor does the drive owe the towing company or the storage fee's.
There are other, even better examples of how the 5th is being abused. Like the eminent domain being used on our southern borders for right of way for the border wall.
One better example of this would be gas/oil pipelines going through unwilling land owners property. For one reason, the gas/oil and the pipeline isn't for public use. They're private companies, who own the product flowing through the pipeline. Although it's sold to the public, it's still private transactions from the company to the person(s) buying it. "Public use" would be something like a park or a roadway, that is accessible for everyone in the general public. When I buy gas from the gas station, it becomes my private property.
 
Eminent domain is abused by government to seize private property for use of developers and capitalists who want to make a profit off your property.

It was intended to be used to build roads, schools, hospitals for the public good
 
Eminent domain is abused by government to seize private property for use of developers and capitalists who want to make a profit off your property.

It was intended to be used to build roads, schools, hospitals for the public good

I agree with the first part of your comment. But I don't think it was intended for the bottom. Under the kings rule, their government would take anyone's property for any reason. Usually taxes. As they do now. I believe this amendment was put in place to make sure the government couldn't take peoples stuff without paying for it.
Civil forfeiture comes to mind as well as numerous other things.

One thing that the framers got wrong, throughout the constitution, is not going into more detail. That would've been extremely helpful. Especially with things like this. If they'd have just added the words "suspected criminals" or something to that effect in the last sentence, the governments authority would've been greatly limited. As I believe it was intended to be.
 
For what it's worth my parents were involved in an eminent domain lawsuit. The county tried to take a portion of their property as part of a new rain drainage system. They had to sue the county, but they did win the case. The point being even though government officials knew full well they owed my parents compensation per the Eminent Domain clause they still tried to steal it.
 
What? Godvernment abuses, intentionally misinterprets? Say it ain't so! God vernment- our benevolent Uncle Sam-

uncle-sam-wants-you.jpg
 
Eminent domain is abused by government to seize private property for use of developers and capitalists who want to make a profit off your property.

It was intended to be used to build roads, schools, hospitals for the public good

I agree with the first part of your comment. But I don't think it was intended for the bottom. Under the kings rule, their government would take anyone's property for any reason. Usually taxes. As they do now. I believe this amendment was put in place to make sure the government couldn't take peoples stuff without paying for it.
Civil forfeiture comes to mind as well as numerous other things.

One thing that the framers got wrong, throughout the constitution, is not going into more detail. That would've been extremely helpful. Especially with things like this. If they'd have just added the words "suspected criminals" or something to that effect in the last sentence, the governments authority would've been greatly limited. As I believe it was intended to be.
I think there is a legitimate case for eminent domain for the public good. But fair value should not be the standard. You should be paid a premium for loss of use and inconvenience.

If eminent domain is used to take your property so that a developer can build luxury condos, you should get a cut of his profit
 
Eminent domain is abused by government to seize private property for use of developers and capitalists who want to make a profit off your property.

It was intended to be used to build roads, schools, hospitals for the public good

I agree with the first part of your comment. But I don't think it was intended for the bottom. Under the kings rule, their government would take anyone's property for any reason. Usually taxes. As they do now. I believe this amendment was put in place to make sure the government couldn't take peoples stuff without paying for it.
Civil forfeiture comes to mind as well as numerous other things.

One thing that the framers got wrong, throughout the constitution, is not going into more detail. That would've been extremely helpful. Especially with things like this. If they'd have just added the words "suspected criminals" or something to that effect in the last sentence, the governments authority would've been greatly limited. As I believe it was intended to be.
That touches on another fifth amendment abuse......Civil Forfeiture

The government can accuse you of a crime and confiscate your property. The burden of proof shifts to you if you want to get your property back
 
Eminent domain is abused by government to seize private property for use of developers and capitalists who want to make a profit off your property.

It was intended to be used to build roads, schools, hospitals for the public good

I agree with the first part of your comment. But I don't think it was intended for the bottom. Under the kings rule, their government would take anyone's property for any reason. Usually taxes. As they do now. I believe this amendment was put in place to make sure the government couldn't take peoples stuff without paying for it.
Civil forfeiture comes to mind as well as numerous other things.

One thing that the framers got wrong, throughout the constitution, is not going into more detail. That would've been extremely helpful. Especially with things like this. If they'd have just added the words "suspected criminals" or something to that effect in the last sentence, the governments authority would've been greatly limited. As I believe it was intended to be.
That touches on another fifth amendment abuse......Civil Forfeiture

The government can accuse you of a crime and confiscate your property. The burden of proof shifts to you if you want to get your property back
And that is wrong on both moral and ethical grounds. It's legal only because the government says it is but it isn't on any other grounds including moral, ethical, constitutional or even practical.
 

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