Abuse of the Eminent Domain Powers

Eminent Domain Position Paper – April 2, 2007
‘’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’
Once more unto the breach, dear friends, once more,
Or close the wall up with our English dead!
In peace there's nothing so becomes a man
As modest stillness and humility;
But when the blast of war blows in our ears,
Then imitate the action of the tiger:
Stiffen the sinews, summon up the blood.
"Henry V" (5.3.44-51)

I implore you fellow Noted Speakers and Writers of the Bay Head Speakers Guild and my fellow Americans; do not 'sully' the great work of our forefathers who established this wonderful land of freedom and justice! Do not ignore the abuses that erode the very freedoms and rights that they and all of our ancestors have thus far so nobly advanced!

Now is the time; now is YOUR time; "once more unto the Breach!!"

Jerry W. Willis
http://www.jerrywwillis.com



To: Ri Warren and the Bay Head Speakers Guild Members
From: Jerry W. Willis
Date: 4/2/07
Subject: Our Fight against the Abuse of the Eminent Domain Provisions of our government!!

My Dear Ri,

I have been as busy as a cat (you know) since we got back and it seems that many of us have been! And, I am RETIRED!! No wonder I was feeling overwhelmed with all I wanted to do when I was still working!!

Here are some links and copied information and some notes that I will put together better one of these days – but I wanted to send them to you so you would have them for your fight. Sandra Day O’Conner would be able to use these and I know that Erin Brockovich(?) or some other high profile name would be terrific if we could get them to join the fight. Sandra would have the best ideas about who would be best. Have you sent her an email yet? Get with it Girl and copy me!! I want to meet her and discuss this with her too!!

I am working everyday trying to get my message together but I just can’t stand to stop gathering information and studying and writing thoughts to organize my Message: Your Purpose in Life is to identify and utilize your Talents in their Highest and Best Use for your Happiness and the Happiness of your loved ones.

Note that I have taken on the ‘Highest and Best Use’ language of the Eminent Domain power (Inherent power to seize private property to devote it to “public uses” ) . Note that it is an inherent power and not a law that is to be interpreted by the Supreme Court to give different meanings of ‘public uses’.

http://en.wikipedia.org/wiki/Eminent_domain

Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to seize a citizen's private property, expropriate private property, or rights in private property, without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to "public uses."

Condemnation via eminent domain indicates the government is taking the property or an interest in it, such as an easement. In most cases the only thing that remains to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the right to take may be challenged by the property owner on the grounds that the attempted taking is not for a public use, or has not been authorized by the legislature, or because the condemnor has not followed the proper procedure required by law.

THE DECLARATION OF INDEPENDENCE

“We hold these truths to be (changed by BF to) self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights (note that it is capitalized), that among these are Life, Liberty and the Pursuit of Happiness. – That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, - that when any form of government becomes destructive of these ends it is the right of the people to alter or abolish it, and to institute new government, laying its foundation and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence indeed will dictate that governments long established should not be changed for light and transient causes, and accordingly all experience has shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations … it is their right; it is their duty to throw off such government, and to provide new guards for their future security.”

This form of government has become destructive of those ends when it allows the abuse of the Eminent Domain powers designed for legitimate purposes!!

The Bill of Rights also restricts Congress's power by prohibiting it from making any law respecting establishment of religion and by prohibiting the federal government from depriving any person of life, liberty, or property without due process of law.

"Note that there is a big difference between “public uses" and “the public good” which is the concept approved by our Supreme Court and being used by governments around this country to abuse this inherent power for public uses!!

But was THIS ( the Eminent Domain Power being abused ) the intended law of our congress and our people? NOOOO!!! It is a new law created and enabled by Judges, including our Supreme Court justices!! This is the very thing the Republicans have stood against – activists judges creating law instead of enforcing what Congress has passed and ensuring JUSTICE!!!


This form of government which allows and encourages this abuse must be altered!! It is our RIGHT – it is our DUTY!! “…when any form of government becomes destructive of these ends it is the right of the people to alter or abolish it, and to institute new government, laying its foundation and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness.”

http://www.cbsnews.com/stories/2003/09/26/60minutes/main575343.shtml

July 4, 2004
(CBS) Just about everyone knows that under a process called eminent domain, the government can (and does) seize private property for public use - to build a road, a school or a courthouse.

But did you know the government can also seize your land for private use if they can prove that doing it will serve what's called "the public good"?

Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing.

Under eminent domain, the government buys your property, paying you what's determined to be fair market value.

But now, people who don't want to sell their homes at any price - just to see their land go to another private owner - are fighting back. Correspondent Mike Wallace reports on this story, which first aired last fall.
‘’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’

Patrick Henry famous speech

“It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace-- but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! “

MY PASSION – THAT THINKing THAT SENDS CHLLS UP MY SPINE AND MAKES MY SCALP TINGLE AND TEARS WELL UP IN MY EYES HAPPENED WHEN I READ THE ABOVE BECAUSE I AM SO PASSIONATE ABOUT THE ABUSE of the “RIGHT” of Imminent Domain!! But also because I love the passion that he had that helped create this government of freedom and Justice!

I always thought he said “as for me and my house, give me liberty or give me death!”

To Hell with Healing; Give Me Justice!!
To Hell with Consolation!! As for me and my HOUSE – give me justice or give me a new form of government that will!

I demand that our elected representatives and our government correct this injustice or I demand that a new form of government be established that will!! This is wrong; this is an injustice; this is a violation of the fundamental rights established by our forefathers; THIS will not stand!!


Love,

Jerry

Jerry W. Willis
www.jerrywwillis.com