EMINENT DOMAIN

The legal process of eminent domain is increasing in awareness. It all has to do with Trump’ border wall.

My concern is that few understand what is involved. Many get their information from TV new shows. The political pundits rarely understand the issues. False information is given. Not intentionally. Rather from ignorance or poor preparation.

Eminent domain is a legal term. Defined it is the right of the government to take private property for public use, while requiring “just” compensation being paid the owner.

Eminent domain is the taking now and paying later owners reluctant to sell. Owners are reluctant to sell for one of two reasons. The property has been in the family for generations. Or, the owner’s attitude becomes if the government wants it, let them pay for it.

The government, at least under Trump, has a tendency to act before it is time to do so. The cart is put before the horse. An example is Texas. One hundred seventy two miles of land is intended to be walled. One hundred forty miles of that land has yet to be determined. In other words, no decision has been made yet where specifically the wall will run which obviously will control which properties are to be taken in that 140 mile stretch.

Already noises are coming out of Washington that the wall is being held up because of the reluctance of owners to sell. Not true. Cannot be true. If the majority of properties to be taken for example in Texas have not yet been designated, those owners are not saying no to the government. They have not even been approached since no determination has been made if their property will be needed.

The government makes an offer. Generally, the government low balls the offer. Hoping to purchase the property cheaply. Assume the homeowner is reluctant to sell for any reason. The government can obtain a court order rather swiftly permitting the government to acquire title.

The home owner goes to court. The homeowner is required to show that the amount offered is insufficient. Not based on fair market value.

A trial can be long. All kinds of real estate experts testifying. Thorough cross examinations detailed.

In my experience, I have never seen a property owner come out of such a court fight with less than that the government offered. Always more. In most cases, significantly more.

The cry oh the poor homeowner will be required to assume heavy legal costs. No way. At least not out of pocket. Attorneys generally take these cases on a contingency basis. Twenty five or thirty three percent of the difference between the offer and what a court has determined as fair value.

Everyone comes out ahead! I never had an unhappy client, even after paying me.

My day yesterday began with a 2:30 manicure with Tammy. Her operation busy. It’s that time of the year.

I had missed lunch. Drove down to the seaport intending to stop into Harpoon Harry’s. Good luck! I could not find a parking place within 3 blocks. It is that time of the year! Tourists galore!

Opted to drive over to the other side of town. To the Shana Key Irish Pub and Grill on Flagler. My first time. In 30 years, never stopped in.

Parking was easy. The bar huge. A very long bar. Most stools taken.

The crowd local. I doubt any tourists. Most 50-60 years old. I sensed most probably of Irish descent.

I intended to order a corned beef sandwich. A fellow nearby was eating liver and onions. Looked good. Been years since I enjoyed the dish.

I order the liver and onions. Outstanding!

I plan on returning.

I am not sure if liver and onions are an Irish dish. The menu said: “We serve traditional Celtic grub.” Whatever that means. All I know is the meal was delicious.

The College of the Florida Keys is sponsoring what should be an interesting evening. An historian speaking about “Florida’s Female Pioneers.”

The lecture is thursday January 9 at 7 pm. Admission $5 to be paid at the door.

I hope to attend.

What is the saying? As ye sow so shall ye reap. A biblical term. Appears many times in the Bible. Each time described slightly different. For example, Galatians 6:7 reads: “A man reaps what he sows.”

Trump is reaping what he has sowed. He is not a happy camper at Mar-a-Lago this holiday season. He is feeling the sting of impeachment and Pelosi. News reports indicate “his anger is boiling.” He is in a “slow burn.” The President is being deprived of “peace of mind.”

What goes around, comes around. How many people has he made unhappy!

Comments to this blog are many. Politics has increased the number dramatically. The Republicans and Democrats take each other on. You can always spot the Independent. Quiet and sane of mind.

Two interesting comments the past 2 days.

One by Jack Dorsey. A rhyme involving tweeting and the President: “He’ll tweet while you are sleeping / He’ll tweet when you’re awake / He’ll tweet when things are bad or good / He’ll tweet till things break.”

JustSaying comments frequently. I am not sure of his political affiliation. He appears to swing both ways. Comments intelligent.

Yesterday’s: Trump “soft gloved corporations, in taxes and regulations.” The result a “sugar rush economy.”

Whether I agree with a comment is immaterial. I love the exchanges that take place! We are a thinking society. At least my commentors are.

There is a new class of “disposable Americans.” Immigration judges. They are leaving the bench in increasing numbers. The primary reason is the number of Trump policy changes has “chipped” at their authority. A better reason might be they are persons of character.

So far this year, 45 have departed. That is more than double the number in 2018 and 2017 when 24 and 21 respectively left.

A joke involved. A serious one. The backlog of immigration cases is in excess of 1 million. Cases are being scheduled into future years. Which as a practical matter helps those seeking to immigrate. Most get to stay in the U.S. till their cases are resolved.

Enjoy your day!

 

3 comments on “EMINENT DOMAIN

  1. Lou, there is no room for independents on a sinking ship and there is no question about our ship sinking. You have said it yourself, many times. America is in real trouble right now. and we are where we are because too many people felt that “oh, it’ll be all right!

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