register |  login
› LAKEWOOD
Loading Ad
Visit Other Hubs:
ADVERTISEMENT
Loading Tower
Blog
Blog Entry 4 of 6 2007 Lakewood City Council/Mayorial Race Blog
This is what I think of the mayorial race. It will explain my postings and include responses to postings.

Blog Url: http://denver.yourhub.com/~MayorialRace

More on eminent domain
Contributed by: Allan Berger   on 10/4/2007

I am concerned about Rita's posts on eminent domain.

She is accusing RTD of abusing eminent domain by taking property from Lakewood property holders. First point: This is a misstatement of fact. In fact, RTD has said that it wants to use the property. It has also said that it would prefer an amicable agreement rather than the use of eminent domain procedures. Second point: I am not so sure that this is an abuse of eminent domain. RTD needs a staging area and use of eminent domain to get it is appropriate. Perhaps there are other areas that could be used, also. But that is a matter of choice, not abuse. Third point: I am sympathetic to the plight of the landowners. But, they will be compensated fair market value for the land. If they think that RTD is not offering enough, they can sue. Fourth point: What the heck does this have to do with the city election?

Next,Rita shows a fundamental misunderstanding of eminent domain. This might not be important, generally, but it is of concern when it comes from a mayoral candidate. Rita needs a legal advisor on her campaign. If she had one, she would never have made the assinine statement that the city cannot trump federal law when she was discussing eminent domain. It was assinine because there is no federal law that covers a city or state instituting eminent domain procedures.

Eminent domain is a very old concept that allows a public entity to take private property for the good of the public. This is a very important concept, because, at least in the U.S., ownership of private property is sacrosanct. Except through private sale or court proceedings enforcing a contract or selling the property to satisfy a debt, there is no other way to separate an owner from his property. Under the federal constitution, eminent domain may only be used for the public good. The recent Kelo case gave a rather expansive definition of public good. In addition, governments must compensate owners for propertytaken by eminent domain. Otherwise, public entities may use eminent domain as they see fit.

It should be noted that this provision of the constitution did not always apply to the states. It was not until the passage of the 14th amendment that this happened. Consequently, until the 1860s, non-federal eminent domain proceedings were limited only by political considerations and state constitutions.

States, including Colorado, have their own eminent domain proceedings. Some are more expansive than others. So long as they do not violate the proscriptions of federal law, states may do whatever they want to do. That is not to say that an eminent domain law would always prevail. It has to be consistent with the state constitution. States may also allow other public entities to use eminent domain. As long as the implementing laws are consistent with the constitutions of the state and federal governments, they will be legal. And other public entities may use eminent domain and develop procedures so long as they are consistent with everything above.

So, back to the RTD use of eminent domain. I think we can safely assume that the RTD procedures are consistent with their rules, the state law, the state constitution, and the federal constitution. If they are not, there likely would have been suits long ago. If we do not like the procedures, as the anti-Kelo groups do not, they should work to change the law.

That leaves the use of eminent domain to politics. Whether what RTD is doing is right is a matter of opinion. That is RTD can do it, but should they do it?

Frankly, I do not know whether RTD should be doing what it is doing. If Rita thinks they should not, she should explain why. To make an ad hominen attack on RTD is bordering on the absurd.


SUBMIT COMMENT

Rate the above blog



Current Rating
Based on 2 user ratings.

Talk Back : submit comments to the blog

*Note: you need to log-in to add a comment or rating.

Showing 1-4 of 4 comments
Submitted By: Brad Bettag
posted on 1/10/2008 @ 2:39:08 PM
Rated Blog Entry
Oh and by the way, any relation to Rita Skeeter? :-p
[Report as objectionable]
Submitted By: Brad Bettag
posted on 1/10/2008 @ 2:38:03 PM
Rated Blog Entry
Articles are weak? Rita you are in lala land. Allen is completely accurate when it comes to Emminent Domain. To whine about it now is absurd. You only would care if it is affecting your property. No one cares if it happens to someone else. Like he said, you don't like it try changing the law, don;t try to make an exception to the law for your best interests. You are greedier than RTD. As for the protest, maybe if you propose alternative solutions that are in infact cheaper and more beneficial to RTD instead of just complaining you might actually be heard and respected. Until then, cry a river, build a bridge and get over it.
[Report as objectionable]
Submitted By: Allan Berger
posted on 10/6/2007 @ 9:08:58 AM
(Not Rated)
Sorry you think so. But they are my opinion. If you run for mayor, you put your opinions up to public scrutiny. I suggest that you tempor your comments. Spellcheck and grammarcheck might be useful, too.
[Report as objectionable]
Submitted By: Rita Bertolli
posted on 10/5/2007 @ 9:54:48 PM
(Not Rated)
These disparaging comments against me are unfounded, an inaccurate misrepresentation of the commentary on this site and what I have actually said. Allan's hearsay is weak at best. He clearly has no clue what properties are up for grabs and why on RTD's light rail. I find it interesting he continues to attack me for the very reasons why his articles are weak.
[Report as objectionable]
Showing 1-4 of 4 comments
CONTRIBUTOR INFORMATION

Allan Berger

Lakewood , CO

Allan Berger has posted 6 blog entries and 4 comments since joining on 12/1/2006. Allan Berger 's average blog rating is 2.93.
SAVE AND SHARE THIS BLOG ENTRY
BLOG ENTRY RSS FEEDS
BLOG LIST
WANT TO WRITE FOR YOURHUB.COM?
Want to see the stories you write and the photos you shoot featured in the YourHub.com Thursday print section available all over the Front Range and with home subscriptions of the Rocky Mountain News and The Denver Post? All you have to do is  register,  then post a story or column, start a blog or tell everyonewhat events are happening in town. We will print the best stories, columns, event listings, photos and blog entries in our print sections.

ADVERTISEMENT
Loading Ad

Loading Ad
ADVERTISEMENT
Loading Ad

This YourHub.com community is produced by The Denver Newspaper Agency
Web Development and Channel Analytics provided by Indigio

terms of use //  privacy policy
the staff //  advertise //  help & faq
buy photos