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Thread: Scotus affirms 5th Amendment rights - Takings Clause

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    Regular Member HPmatt's Avatar
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    Scotus affirms 5th Amendment rights - Takings Clause

    This was a refreshing article regarding the Rails to Trails attempt of the Federal Govt to repurpose land contrary to previous court rulings.
    Ruled in favor of landowners - since 1875 all RRs got were easements, and not ownership of the land. Issue was would land go to adjacent landowners or the Federal Government.

    http://spectator.org/articles/58360/...d-grab-averted

    Had to go to the SCOTUS ruling to see that Sotomayor was the only dissenter.

    http://www.supremecourt.gov/opinions...-1173_nlio.pdf
    Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

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    Regular Member OC for ME's Avatar
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    I wonder if the American Spectator remembers Kelo.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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