The US Supreme Court clarifies that a constitutional violation is complete at the time property is taken.
As a property rights advocate/activist, I am beyond thrilled.
Local governments be forewarned, the path to pursue when property owner’s constitutional rights have been violated has just been shortened. Zoning ordinances which have grown to be nearly as large as the worlds largest fungus might now face appropriate challenges in venues that serve as constitutional protectors.
The Supreme Court Of The United States (SCOTUS) has smashed a ‘takings’ precedent, and in doing so has made it easier for property owners beset with zealous planning and land use prohibition to clarify more immediately where a constitutional line is drawn. From the SCOTUS blog:
In its long-awaited opinion in Knick v. Township of Scott, the Supreme Court ruled on Friday that plaintiffs alleging that local governments have violated the takings clause may proceed directly in federal court, rather than first litigating in state court. The opinion overrules a 34-year-old precedent, Williamson County Regional Planning Commission v. Hamilton Bank, triggering a sharp dissent and another debate among the justices about the meaning of stare decisis. The majority opinion also rests on a reading of the takings clause—that a constitutional violation occurs at the moment property is “taken,” even if compensation is paid later—that may have consequences beyond this case.
The takings clause of the federal Constitution provides: “nor shall private property be taken for public use, without just compensation.” This takings case arose from a dispute between petitioner Rose Mary Knick and the township of Scott, Pennsylvania. Knick has a small graveyard on her property, and the township attempted to enforce against her an ordinance requiring such properties to be open to the public during daytime hours. Knick alleged an unconstitutional taking, but a federal court dismissed her suit because she had not first sought compensation in state court.
The 34-year-old precedent was not all that it upended.
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You Betcha! (15)Nuh Uh.(0)
Dana Nessel's most important issue sets new tone on AG opinions.
Who knows? She may have coconuts. We aren’t supposed to consider such things as impossible anymore, right?
But Michigan Attorney General Dana Nessel is certainly committed to her true passion. One might think that she might wish to respect the office she holds, if only to protect her own opinions going forward. Clearly, that is not the case.
Using federal government activity to upend a legitimate AG opinion barely a year old, Nessel puts perhaps every opinion of her own in jeopardy. It also points out how completely political the AG’s office has become. From the State Ministry Of Propaganda:
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You Betcha! (12)Nuh Uh.(0)
Happy Father's Day.
A good father knows his role.
You Betcha! (22)Nuh Uh.(1)
From my inbox:
The Southeastern Michigan Tea Party will he hosting Conservative Commentator Katie Hopkins at their nest meeting on Friday, June 14th. Doors open at 6:00pm with the meeting beginning promptly at 7:00pm.
Ms. Hopkins will be showing her newest project “Homelands” (along with Q&A following).
Here is a brief synopsis of her documentary:
“There is a silent exodus underway in Western Europe – an entire generation no longer feel like they belong. Intimidated by a rapidly growing Muslim population, fearful of the rabid anti-Semitism of the left, and weary of feeling like targets for attack, Jewish and Christian families are on the move, looking for a new place to call home. They have no voice. Homelands in their story.”
The meeting will be held at the Bloomfield Hills Baptist Church located at 3600 Telegraph Road, Bloomfield Hills, Michigan.
For more information, contact the SE Michigan Tea Party via their website.
You Betcha! (9)Nuh Uh.(0)
Inman likely no more guilty than many others in the legislature.
I was driving through St. Louis when I got the news that Larry Inman had been indicted.
It was pretty big news. Disappointing, yet it didn’t surprise me. In fact, there has been so much ‘questionable’ activity going on in Lansing for decades that it was not surprising that a representative with a record of poor instincts would be the victim of a sting operation.
At least that is my assessment of what happened. Clearly there is pay for play in our state politics. The existence of the MEDC, and by extension any organization that profits from doing business with the state would have incentive to fill campaign coffers. Ask any one who still raises money after they have been term limited why they do so. If they don’t tell you directly, then look at their campaign statements on the debt side.
It’s not for charity.
Mistakenly express the the wrong sentiment, in a way that is contextually vulnerable, to the wrong people, in the wrong format. Then whammo! You get a Representative Larry Inman indictment.
But the GOP led house, wishing to remain unscathed in a (heavens forbid) scandal of such magnitude would prefer to let Larry off the bus, ask him to inspect the rear brake lights, and …well as one might see by now, the bus does have reverse.
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Globalization of healthcare marches merrily onward with a Michigan bill hearing this week. Corporate lobbies always play a strong role at these events. This time, there’s a twist.
Big Healthcare lobbied for Obamacare in Congress, and drives most healthcare bills in DC and Lansing. More obscure healthcare lobbies are leading centralization of state health occupational licensure. It still violates market principles, and it’s important to your healthcare.
Individual healthcare rights are losing out to population care. Given what’s at stake, we should probably make an effort to push back on this one.
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You Betcha! (6)Nuh Uh.(0)