Judge: Ball State Can Steal Peoples Land And Business

[mrjarrell]

Kelo truly did open the doors to wholesale thievery. No-one's property will ever be safe again and no, sure as hell, doesn't mean no anymore. If someone wants your property all they have to do is find a sympathetic judge and it's all theirs. Pathetic. Indiana's no better than other places when crap like this is allowed to happen. Where are the legislators standing up for the citizenry? Guess they're going to be too busy enjoying their free Ball State game tickets.

Judge: Ball State can seek land via eminent domain - 13 WTHR Indianapolis

 

[hornadylnl]

I want my Colts.

 

[rambone]

Some older articles:

Ball State To Make Eminent Domain Claim On Land Held By Muncie Business

Judge could issue ruling on BSU-Hiatt dispute this month

 

[Prometheus]

Theft. Flat out theft.

 

[rambone]

When are we protesting?

 

[Designer99]

They've already reduced the once thriving village into empty store fronts for lease. The rest of the campus is surrounded by abismal strip malls. Muncie is depressing.

 

[GodFearinGunTotin]

Outrageous.

But when we go about changing the definition of terms, we shouldn't be surprised when something unintended happens.

 

[ViperJock]

Outrageous.

But when we go about changing the definition of terms, we shouldn't be surprised when something unintended happens.

Wheres the 3rdammendment when you need it?

 

[Oresti]

This is why men build killdozers.

 

[Redtbird]

That's the same as when the state/federals are building a new highway. They come in and tell the landowner, "We will pay you $XX,xxx for your land. We know it's been in your family for many years, but this new highway is more important."

The landowner says, "NO! I don't wish to sell!"

Then, by claiming "eminent domain" the .gov will TAKE the land and give the people a few days to leave.

Yup! Sounds like theft to me!

Gee! I wonder if I could claim "eminent domain" on the govenor's mansion in Indianapolis? Hmmmm...

 

[Indy317]

When are we protesting?

Whenever one wants. Just don't take public roads to the protest area, that would be somewhat hypocritical and all. Oh, and don't discuss via the internet at all, too many network connection cables buried next to railroad lines that are only in existence due to land thievery.

 

[Roscoe38]

Ball State thievery

Kelo truly did open the doors to wholesale thievery. No-one's property will ever be safe again and no, sure as hell, doesn't mean no anymore. If someone wants your property all they have to do is find a sympathetic judge and it's all theirs. Pathetic. Indiana's no better than other places when crap like this is allowed to happen. Where are the legislators standing up for the citizenry? Guess they're going to be too busy enjoying their free Ball State game tickets.

Judge: Ball State can seek land via eminent domain - 13 WTHR

Indianapolis

Muncie is well on it's way to becoming a fourth class city.
The City is broke, broke, broke. So what do our (in their pockets) political judges do. You got it, take away a tax paying revenue generating business and give it to a non taxpaying entity that is bankrupting the city.

Ball State probably owns more property in Muncie, than the Church of God does in Anderson, (Anderson University) all tax free.....Imagine, if you will, what Muncie will look like in ten years, and think of the taxes that will be forthcoming (think New York and their 14% tax) to support this tax and spend government that is now in control of The city and the County.

You all read the papers, and you all know the story, This philosophy of
government cannot continue.

 

[darrent]

First of all, if BSU wasn't here, then Muncie would be in worse shape. They provide thousands of decent paying jobs to a city with little going for it. Yes they do own tons of property, way more than you imagine (plenty throughout Indiana and other states). Most of it was given to the University. This is not outside of the norm for any institution.

The problems with Muncie are not tied to Ball State. Muncie created it's own mess.

I disagree with the ruling by the court, but I'm not surprised either.

 

[Compatriot G]

My daughter is a student at Ball State. She believes one of the reasons for this is that Hiatt Printing is much cheaper than the Ball State book store on many of their books and printing services. As an example, she bought a couple of books she needed for a class at Hiatt. The books were 99 cents, used. The Ball State book store only had new copies and they were $30 or $40 a piece.

 

[IndyDave1776]

My daughter is a student at Ball State. She believes one of the reasons for this is that Hiatt Printing is much cheaper than the Ball State book store on many of their books and printing services. As an example, she bought a couple of books she needed for a class at Hiatt. The books were 99 cents, used. The Ball State book store only had new copies and they were $30 or $40 a piece.

That would seem to be a good explanation for the university just absolutely needing to take their property for a reason comfortably outside the proper parameters of eminent domain.

 

[johnny45]

And I'm still trying to find where eminent domain is proper.

I'll check Locke. Maybe it's in there.

 

[femurphy77]

My daughter is a student at Ball State. She believes one of the reasons for this is that Hiatt Printing is much cheaper than the Ball State book store on many of their books and printing services. As an example, she bought a couple of books she needed for a class at Hiatt. The books were 99 cents, used. The Ball State book store only had new copies and they were $30 or $40 a piece.

What were they, comic books? Last time I bought a college textbook, only 5 years ago, the cheapest little paperback "textbook" was over a hundred dollars. And it was a "study guide", written by the instructor and required. Never opened it all semester.

 

[Compatriot G]

What were they, comic books? Last time I bought a college textbook, only 5 years ago, the cheapest little paperback "textbook" was over a hundred dollars. And it was a "study guide", written by the instructor and required. Never opened it all semester.

I don't remember what they were exactly. It seems they were two, very short paperbacks. She is a history major and has had to purchase 8-10 books for just one class before.

 

[IndyDave1776]

And I'm still trying to find where eminent domain is proper.

I'll check Locke. Maybe it's in there.

Article I, Section 8 addresses the issue in part:

7: To establish Post Offices and post Roads

17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

The Fifth Amendment also addresses the subject:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

So far as I can tell, the Constitution allows for this in very limited circumstances which include an absolute necessity for limited purposes and requires just compensation. I would also argue that neither applies to this situation, particularly when salvage value of the real estate is not just compensation for the (apparently deliberate) destruction of a location-dependent business.

The Indiana Constitution says this:

No person's particular services shall be demanded, without just compensation. No person's property shall be taken by law, without just compensation; nor, except in case of the State, without such compensation first assessed and tendered.
IND. CONST. art. 1, § 21.

Again, we find just compensation as a requirement which almost never happens. 'Fair market value' is a euphemism for government-sponsored larceny through assessing itself liable for a bargain-basement price on whatever property it wants to take.

My personal conclusion is that, like a number of powers assigned to government, was designed for extreme rare usage (for example not allowing an unresolvable impasse in the event of something like one recalcitrant farmer shutting down the economic viability of entire states being the lone holdout against a means of transportation). In practice this has been egregiously violated with an excellent example being the massive land confiscation at rock-bottom prices of huge swaths of land to FINANCE the privately-held railroads by reselling that same land at just under triple the purchase/theft price by virtue of it being more valuable with railroad access. I suppose that the argument could be made that the investment was responsible for the increase in value, but nevertheless, a fifty foot right of way would have been far more than sufficient.

This highlights the element of human nature of taking advantage of others when afforded the opportunity regardless of which side a person is on, and also of the inclination of government toward overreach and corruption.

I am not convinced that we could have built a viable nation without a vehicle for accomplishing some of the things done via eminent domain, but am very troubled by the fact that it has been abused so greatly throughout our history. Unfortunately, I am at a loss for a good answer aside from the fact that given the amount of land we have in government hands and the amount of existing infrastructure, there is less need for the use of such a device now than at any time in our past, but for some strange reason, its use appears to be on the increase for increasingly frivolous and/or malicious reasons.

 

[johnny45]

Well done.