Quote:
Originally Posted by julia
Yes, I was speaking about the SC, which was the main topic in three of four paragraphs of your post, which you edited out.
The first post mentions the SC.
My post was about recent SC rulings in which one is Eminent Domain which you do not seem to be aware of since the home owners in CT did not simply go on their way and not worry. (Made National news as well as 60 minutes)
Don't know why then the SC is "not the issue" but nevermind.
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You didn't read what I wrote about eminent domain. So I will rephrase.Eminent domain is a sovereign power—it belongs to the state, and the state can authorize such persons as it sees fit to exercise the right in the public interest. In the absence of a constitutional restriction, the legislature can delegate the power to a municipality, corporation, or an individual, provided the property, when condemned, is to be put to a public use.
However, a private corporation has no inherent right to appropriate private property under any circumstances.The right or power of eminent domain inheres
only in the state, and its exercise by a private corporation is impossible unless it has been delegated to such corporation by the constitution or by a statute, and the statute must be valid (not unconstitutional). Thus, a corporation that claims the right to exercise the power must be able to show a legislative authority for the exercise of the power.
In Connecticut: Legislature can authorize corporation to exercise power of eminent domain only if
1)
use to which corporation proposes to put property is public use;
2) there is a public necessity that property be taken; and
3)
ample provision is made for payment of just compensation to owners and due process of law is afforded them.
I don't know what 60 minutes says or the specifics of the situation but the general rule as followed as stated is right above. I tried to explain as best as I could. It's a very complicated issue, but anything involving property usually is.