VBC Video
"Where Fillmore County News Comes First"
Online Edition
Wednesday, July 30th, 2014
Volume ∞ Issue ∞
 
<< | < | 60 | 61 | 62 | 63 | 64 | > | >>

Eminent domain authority, when and why?


Fri, Aug 28th, 2009
Posted in Commentary

The use of eminent domain has a history back into the times of feudalism. It is based on a doctrine which allows a sovereign state dominion over all land within its borders. When our forefathers penned the Constitution of the United States, it was a given that the government would have the authority to use eminent domain. The Fifth Amendment limits the use of eminent domain as the power was already implied for a sovereign state. This power is recognized as a pre-existing power of the government.

In our early history during American Colonial rule, bare land was even seized without compensation in part because there seemed an unlimited source of land. James Madison, in drafting the Fifth Amendment to the US Constitution in 1791, put limits on the power of eminent domain to protect property rights by requiring fair compensation for the taking of private property for a public use.

Prior to the ratification of the Fourteenth Amendment in 1868, eminent domain authority by states was not limited by the federal government. The formal process of eminent domain is called condemnation and is the taking of land for a public use without the owners consent, but with fair compensation.

With the US Supreme Court ruling in 2005 in Kelo v. the city of New London, which allowed for the redevelopment of private property for another private use, which would be more beneficial to the public by increasing the tax base and increasing employment, the power of eminent domain has been more clearly defined and clarified. The ruling was a narrow 5-4 decision. The private property was not "blighted" which had been accepted as a cause for exercising eminent domain authority for the greater public interest.

Many states responding to public outrage over the ruling revised their laws through constitutional amendments or legislation to limit the condemnation of private property for another private entity or corporation. Minnesota made language changes effective May 2006 which included a change in the definition in Minnesota Statute 117.025, Subdivision 11, (b) "the public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or public purpose."

The use of the eminent domain process is having a direct affect on people in or near Fillmore County. Two cases I've covered recently include the case now in litigation, Preston V. Snyder/Ristau, i .....
[Read the Rest]

One Moment, Please...How full is our cup?

Fri, Aug 28th, 2009
Posted in Commentary

In a recent story coming from a Rochester-based media company, Cummins, a North American filter assembly operation located in Lake Mills, Iowa, will layoff 400 employees as part of a transition of operations to San Luis Potosi, Mexico.

Obvio ..... 
[Read the Rest]

One Moment, Please... MCA testing, bullying and our educators

Mon, Aug 24th, 2009
Posted in Commentary

First, I would like to congratulate two area high school students who were the ONLY two students who applied for the Fillmore County Journal scholarships offered in conjunction with the Journal Writing Project for the 2009-2010 school year. The appl ..... 
[Read the Rest]

One Moment, Please...The Economy - Part 3

Fri, Aug 14th, 2009
Posted in Commentary

During the past few weeks in this trilogy of my unsolicited rhetoric, I am concluding with a reference to healthcare reform. Yes, I've saved the best for last. Well, I'm not sure if it's the best, but it is certainly the most contentious.

The ..... 
[Read the Rest]

Fear is their only weapon

Fri, Aug 14th, 2009
Posted in Commentary

I concluded sometime ago we do not send our best and brightest to either Washington or St. Paul. Health care reform debate confirms there are many villages in America that are not missing their village idiot because the voters in the villages keep s ..... 
[Read the Rest]

Hard to believe sometimes

Fri, Aug 14th, 2009
Posted in Commentary

"For we know that all things work together for good for those who love God." (Romans 8: 28)

As I drank my first cup of coffee this morning, I watched the birds at my feeders just outside the window. They were eating the smaller seeds whole, ..... 
[Read the Rest]

One Moment, Please... The Economy - Part 2

Fri, Aug 7th, 2009
Posted in Commentary



Cars. Cars. Cars.

They've been a part of my life ever since I can't remember. As a young boy, my dad let me pick out a Matchbox car quite often when we paid a visit to a store that offered them. Little did he know I'd be leaving them ..... 
[Read the Rest]

The swine flu saga continues

Fri, Aug 7th, 2009
Posted in Commentary



Much has been made of the new "swine flu" because it is very similar to the virus that caused the pandemic flu of 1917-1920. That flu is estimated to have killed between 50 and 100 million people around the world. Only remote islands were sp ..... 
[Read the Rest]

The Sotomayor hearings were hardly 'oversight'

Fri, Aug 7th, 2009
Posted in Commentary



Over four days of hearings into the nomination of Judge Sonia Sotomayor to the Supreme Court, the members of the Senate Judiciary Committee asked her 583 questions. Yet when they were done, we knew little more of importance than we did at th ..... 
[Read the Rest]
<< | < | 60 | 61 | 62 | 63 | 64 | > | >>