From:
http://en.wikipedia.org/wiki/Eminent_domain
Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale. In many jurisdictions the power of eminent domain is tempered with a right that just compensation be made for the appropriation.
Some coined the term expropriation to refer to "appropriation" under eminent domain law, and may especially be used with regard to cases where no compensation is made for the confiscated property. Examples include the 1960 Cuban expropriation of property held by U.S. citizens, following a breakdown in economic and diplomatic relations between the Eisenhower Administration and the Cuban government under Fidel Castro.
The term "condemnation" is used to describe the act of a government exercising its authority of eminent domain. It is not to be confused with the term of the same name that describes the legal process whereby real property, generally a building, is deemed legally unfit for habitation due to its physical defects. Condemnation via eminent domain indicates the government is taking the property; usually, the only thing that remains to be decided is the amount of just compensation. Condemnation of buildings on grounds of health and safety hazards or gross zoning violation usually does not deprive the owner of the property condemned but requires the owner to rectify the offending situation.
Tom In VA wrote: Are you aware of how inhabitants of a building that has been condemned are compensated ?
It must be ‘just.’ That could be other land, cash, whateva.
Which one's are they using ?
Don’t know. They have three choices.
A) Justly compensate (See
Lucas v S Carolina)
Or
B) Leave room to bring the building to code
Or
C) Let the land flood and say it is no longer usable (Sounds a bit Land-grabish-Castro-in-the-late50’s/early60’s to me)
Or are they truly, merely boldly and disgustingly trampling on our Constitutional Rights ?[
The people in the quarter who are on dry land? Most likely, unless there is a public health problem then they can be kicked out till it is safe to return.
1. I live in a building. I am being forced to leave. Under what legal provision ?
Public safety. The Local government must prove that there is a Rational Basis for the order. Happens every day in the ‘hood what with rats and roaches and the like.
I'm looking for the legal remedy to this.
Prove the land is yours and that it is habitable. No roaches etc. Short of that you should be paid.
And please don't say "The Constitution", because as we've all been brainswashed to believe, "It's a living breathing document", 'Sup Roe, etc. .. etc...
Living or not it says the states have all the (property) rights that we took from King George and didn’t give to the Feds, restrict with the Constitution or leave with the people. King George had the power to condemn flooded land and move the peasants out. If he compensated more power to him, but one could surmise that Castroed plenty of land.
How do we stop this ?
Fight the power.
Educate yourself.
Oh and get a gun…….