Kelo v. City of New London,

[Pertinacious Tom]

it isn't. i find much silliness...in a vacuum.

whew.

Well then clean out your vacuum.

 

[Pertinacious Tom]

I guess my prediction that @Olsonist will be along shortly to explain why his boy Shitstain was right to agree with Justice Stevens and why Justice Thomas was wrong about negro removal was a bit optimistic.

I guess it's just supposed to be obvious why Trump and Justice Stevens are right and Justice Thomas is wrong. What kind of things can we tell at a glance? Hmmm... Skin color?

 

[Pertinacious Tom]

Relist Palooza

...
The trio of Fair v. Continental Resources, Tyler v. Hennepin County, Minnesota and Nieveen v. TAX 106 all involve whether the government violates the Fifth Amendment’s buybacks clause when it buys back property worth more than the debt owed by the owner.
...

The orchestrated chorus of amici, predictably including Kochy nutjobs, has assembled around Tyler v Hennepin.

I do private financing in FL and happen to know that if I foreclose on a property and sell it, I can only keep the amount owed plus reasonable fees. Any surplus beyond that goes back to the borrower whose property was sold to satisfy the debt.

QUESTION PRESENTED

Whether buyingback and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Buybacks Clause?

TL;DR? They think that the government should give the surplus back to the owner, just like I would have to do. I've been assigned that opinion, so I share it.

 

[jocal505]

@Olsonist will be along shortly to explain why his boy Shitstain was right to agree with Justice Stevens and why Justice Thomas was wrong about negro removal.

Why is this fun again?

I can only answer why it is fun for me, mate.


RACE BAITER ALERT #2 for 2023. Week two.
welcome to THE RACEBAITER TIME MACHINE: one decade of interesting behavior

MLK's BY YEAR. 53 results total
Search > MLK > Tom Ray: three pages of examples

2019 Six MLK's/yr​

2018 Seven MLK's​

2017 Two MLK's​

2016 Five MLK's​

2015 Eight MLK's​

 

[Pertinacious Tom]

I can only answer why it is fun for me, mate.


RACE BAITER ALERT #2 for 2023. Week two.
welcome to THE RACEBAITER TIME MACHINE: one decade of interesting behavior

MLK's BY YEAR. 53 results total
Search > MLK > Tom Ray: three pages of examples

2019 Six MLK's/yr​

2018 Seven MLK's​

2017 Two MLK's​

2016 Five MLK's​

2015 Eight MLK's​

I know, I know, I haven't quoted you recently and you require incessant attention. Here you go again.

The immature, short-sighted desire for gunpower is amplified, and more volatile, among blacks. Even more deadly than among whites.

I don't think MLK's property was ever boughtback to serve the public purpose of negro removal, but if that had happened, I still think it would be wrong.

If that bothers you, I thnk it has something to do with your view that black people are immature and volatile and you should fuck right off and think carefully about your racial bigotry.

 

[jocal505]

I know, I know, I haven't quoted you recently and you require incessant attention. Here you go again.


I don't think MLK's property was ever boughtback to serve the public purpose of negro removal, but if that had happened, I still think it would be wrong.

If that bothers you, I thnk it has something to do with your view that black people are immature and volatile and you should fuck right off and think carefully about your racial bigotry.

Fuck off? You wish.

Let's see. You are Kelo Tom...using a single data point, on your Kelo thread, to determine the bigotry of another..so you can spam racebaiting, like a signature, on Political Anarchy. You want to distract the discussion, to learn nothing, Yet this discussion will continue.


Ever find yourself cooing Chicago, Tom?
https://forums.sailinganarchy.com/t...r-assault-weapons.198542/page-32#post-6682867

How many years did you spend trolling the gang shootings from the Gun Violence Archives on Political Anarchy, several times a week? We're gonna talk about why they happen, Dogballs.

Mass Shooting In Illinois
(Tom Dogballs Ray) Yes, of course it was Chicago again. Their gun control laws, like California's and prohibition programs everywhere, "almost work" all the time.

District

Congressional District: 7
State Senate District: 5
State House District: 9

4 shot 3938 W Roosevelt

Male - L leg

Male - Scrotum

Female - R leg

Male - L leg
Click to expand...

That's all that is known, but it's plenty to know that such things are caused by rural people owning squirrel shooters, so DO SOMETHING.

Mass Shooting In Pennsylvania

(legislative district info missing)

Six people have were shot when police say a drive-by gunman opened fire moments before the victims were set to shoot a rap video in Southwest Philadelphia.

More stupid drug war gang violence is the best guess here, but six is more than four so TeamD knows which guns to ban in response. DO SOMETHING.

Mass Shooting In California

This is one of those extremely rare mass shootings that is politically convenient for gungrabbing, so it is discussed extensively elsewhere and in Bull Gator's post above. As with all the others, it's caused by rural people owning squirrel shooters, so DO SOMETHING.

Mass Shooting In Pennsylvania

 

[jocal505]

RACE BAITER ALERT #4 for 2023 (week two)​

But yesterday's Post 605 has gone missing... after eight years of Tom spamming the red ink bit...no sense of shame, from Kelo Tom, now soiling the Kelo thread.

@Pertinacious Tom's Contribution for Yesterday:​

• #605

I know, I know, I haven't quoted you recently and you require incessant attention. Here you go again.​

​

The immature, short-sighted desire for gunpower is amplified, and more volatile, among blacks. Even more deadly than among whites.​

I don't think MLK's property was ever boughtback to serve the public purpose of negro removal, but if that had happened, I still think it would be wrong.​

​

If that bothers you, I thnk it has something to do with your view that black people are immature and volatile and you should fuck right off and think carefully about your racial bigotry.​

​

​

​

Tom. How many times a week will you play the race card this year? One or two, maybe? After lo these ten years, let's do the math, shall we?

1.5/ race cards/wk x 52wks/yr x 10yrs = 780 race cards.

From your high-tone ass, the live-streaming of racebaiting has become normalized....while pointedly, you dodge the obvious effects of (your) dark money AND guns on this situation.
.



Let's continue. Seriously, like I said last week, my first source for the immaturity and volatility which I alleged can be shown by the factual motivations and actions of Tupac, Biggie, and Suge Knight...but not in say the likes of Elijah Cummings, or the enlightened Malcolm X.


Like I said, inform yourself and enjoy. Netflix: Unsolved.

 

[jocal505]

All of Tom's posts have gone missing. I dunno, but the MO here is that Scot got pissed.

IMO, this community should have rejected the serial race-baiting, not Scot.

 

[Pertinacious Tom]

The Alamo Is Trying To Buyback This Man's Bar to Make Way for Museum Honoring Alamo Defenders

For the past 12 years, Vince Cantu has owned and operated the Alamo-themed Moses Rose's Hideout bar, just a few blocks from its historical inspiration in downtown San Antonio, Texas. For six of those years, Texas government bodies undertaking a massive expansion of the Alamo grounds have been telling him the same thing: sell us your bar, or we're going to come and take it.


Tomorrow the San Antonio City Council is set to vote on an ordinance authorizing the use of eminent domain to seize Cantu's bar. It's a drastic move, which the city, the state, and the nonprofit Alamo Trust (which operates the site) all claim is necessary given Cantu's repeated refusal to sell his property at a reasonable price. His obstinance puts the entire $400 million Alamo expansion in jeopardy, they say.


Cantu, meanwhile, says he's eager to participate in the expected economic success from adding a new Alamo museum, visitor center, and shops. The efforts to cut him out of the coming downtown boom by seizing his property are both unjust and laced with historical irony, he says.
...

Mr. Cantu is making two arguments:

1. This is blood stained ground. You can't put a memorial here!

My reaction: that's where memorials get put.

2. You're not just buyingback a building. You're buyingback a going business, worth a whole lot more than the building.

I have a bit more sympathy for this argument but the Alamo Trust doesn't want the business and restaurants do move.

Update: San Antonio City Attorney's Office did respond to Reason's request for comment. A spokesperson said "we anticipate negotiating a resolution before we go far down the buyback process."

Mr. Cantu should settle and move his restaurant. He doesn't sound like he plans to do that, though...

 

[jocal505]

ANNOUNCEMENT

Kelo Tom has reached his sixth day, without playing the race card. @Pertinacious Tom
(The Dogballs is at six racebaiter alerts for 2023, and holding. Can cite.)

The only other such exemplary period that I know of was the six days after Dylann Roof...then Dogballs doubled down.

Let's see what happens, folks.

FULL RACE-BAITER for EIGHTY DAYS with our host Tom "dogballs" Ray
Tom's journey, from MLK on March 25th, to Dylan Roof on June 17, 2015

• Autumn, 2014 Tom will entertain guesses why MLK's gun permit was denied
• March 25th, 2015 MLK's church is bashed. By now, Joe's tongue is sore from biting on it for three years. Joe objects.
• Same day. Tom doubles down on the generic race-baiting.
• May 18, 2015, 29 days before Dylann, Joe cites 40 days of race baiting
• June 17, 2015 When Dylann does Charleston, Tom suggests religious assassinations, or possiby political assassinations.
• June 23, six days after Dylann, Tom goes full race-baiter, exploiting both the Black Panthers and MLK's church.
• Within the 30 days after Dylann, the red immature & volatile bit had been exploited four times.

​

 

[Pertinacious Tom]

Good news in Ohio.

Ohio Supreme Court Holds that Government Must Prove It Needs Land It Wants to Buyback Through Eminent Domain



Well, that's about the most polite way I've ever seen a lower court told to do its fucking job next time.

Here we go again.

This time it's in Kentucky, but the issue is the same: are eminent domain buybacks restricted to what is needed or can any property be boughtback without restriction, whether it is needed or not?

...
Duke Energy wants to construct electrical towers in Boone County. In order to do so, the company will need to buyback some land from private property owners. The owners don’t dispute that this buyingback would be for a public use and they don’t dispute that some of their land will need to be boughtback in order to build these towers. However, they do dispute what conditions are necessary for this project to be completed. For instance, Duke Energy demands unlimited access to adjoining land, the right to destroy vegetation, and the removal of the owners’ only business sign. But the owners say these conditions, and others, are unnecessary. Unfortunately, under current Kentucky law, condemnors like Duke Energy do not need to prove that what they’re proposing to buyback is actually needed for the project. The decision of how much land and under what conditions to buyback is ultimately “left to the condemnor’s discretion.”


“If the government or a private company like Duke Energy is going to buyback someone’s property, it should first have to prove, at a bare minimum, that what it’s buyingback is actually needed for the project,” said IJ Nutjob Brian Morris, the main author of the brief. “We’re urging the Kentucky Supreme Court to hear this case and protect the basic property rights of all Kentuckians.”


Across the border, the Ohio Supreme Court recently held that before a private company can buyback someone’s land, it must prove two things: that the project is for a public use and that all of the land being boughtback is needed to complete the project. According to the decision in Ohio Power v. Burns, a private company must provide evidence to support both of those claims.


IJ teamed up with the law firm that successfully represented the owners in Ohio Power—Vorys, Sater, Seymour & Pease, L.L.C.—to file this amicus brief. The brief in Kentucky builds off that victory in Ohio Power, as well as IJ’s 2006 landmark victory in Norwood v. Horney. In Norwood, the Ohio Supreme Court established that meaningful judicial review was needed to prove a project was a public use project before eminent domain could be authorized.
...

Hoping for another nutjob victory in this round!

 

[Pertinacious Tom]

Ginny behind the curtain

People say stuff like that but no one can explain what she has against Pfizer of why she loves Suzette Kelo so much.

Do you have a guess?

 

[Pertinacious Tom]

VICTORY: Jury Rules Texas Woman is Entitled to $59,656 After SWAT Team Destroyed Her Home While Pursuing Fugitive

Vicki Baker's victory may have contributed to Galveston officials offering to pay for the latest drug war fuckup

Erika Rios may be paid, but that should be the beginning of the consequences.

...
In a Facebook post, Tony Buzbee, one of Rios' lawyers, alleged that police continued to destroy property "after knowing they [had] made a mistake" and told Rios' daughter they were searching for "guns and drugs." Moreover, he stated, police conducted the raid despite knowing "the actual whereabouts of" Vargas (an allegation that the Galveston Municipal Police Association contests, as reported by Galveston County's The Daily News, which has provided extensive coverage as the story unfolds).

Galveston placed the police chief, Doug Balli, on leave due to his failure to report the raid. "An investigation into the incident is underway, but I was not aware of what happened until I read the article in the paper," said Mayor Craig Brown. City officials on Monday stated that the county sheriff's office will also investigate the incident.

City Manager Brian Maxwell has stated that the city would pay Rios for the damage done to her home, but a mere reimbursement seems less than her family is due.

"We want the windows replaced, their doors fixed. We want their fence fixed, the wiring fixed, and their water fixed," Buzbee said Wednesday. "All of the things you destroyed unnecessarily fixed, and we want you to pay their medical bills that they need for glass in their feet and their knees."

Buzbee stated the city must act by Friday. "We expect somebody from [the city] to get this problem fixed," he said. "We will wait, but we won't wait too long. We have a team of Kochy nutjobs on the phone right now."
...

OK, so maybe I made up the last sentence there, but it would be a good idea.

 

[Pertinacious Tom]

The Alamo Is Trying To Buyback This Man's Bar to Make Way for Museum Honoring Alamo Defenders



Mr. Cantu is making two arguments:

1. This is blood stained ground. You can't put a memorial here!

My reaction: that's where memorials get put.

2. You're not just buyingback a building. You're buyingback a going business, worth a whole lot more than the building.

I have a bit more sympathy for this argument but the Alamo Trust doesn't want the business and restaurants do move.



Mr. Cantu should settle and move his restaurant. He doesn't sound like he plans to do that, though...

Hah! Uncooperative Texans like Cantu are pretty funny.

...earlier this year, George P. Bush (the son of Jeb and the nephew of George W.) called Cantu's refusal to sell at the state's price "dishonorable."

"I told my wife that if I saw [Bush], I would challenge him to a duel in front of the Alamo," says Cantu, laughing. "We'd use squirt guns, not real guns…just to avenge my honor."

Bush didn't respond to Reason's request for comment.

If they did the squirt gun duel on Pay Per View I think I'd have to watch.

 

[Pertinacious Tom]

We'll just take what you owe. And anything else you've got.



The basic idea is that they took her $40k condo fair and square in settlement of her $15k debt, so she's not entitled to the difference.

Geraldine Tyler's case is one of three Pacific Legal Foundation cases to be heard by SCOTUS this term.

...
“We’re a liberty factory,” PLF president Steven Anderson told me when I visited the organization’s headquarters in Sacramento this week, an airy and decidedly un-factory like space on the 12th floor of a midcentury office building a few blocks from the state capitol.

Anderson continued the analogy. “We take the financial capital of our investors, we take the intellectual capital of our staff, we take the personal capital of our clients, we mix them all together, and after every case, just a little bit more freedom comes out."

...

Two of this term’s cases -- Sackett v. EPA (challenging the reach of the Clean Water Act) and Wilkins v. United States (involving public access agreements with private property owners) -- have already been argued, with decisions pending. The third, Tyler v. Hennepin County -- a suit on behalf of a 94-year-old grandmother who lost her home and its surplus equity to Minnesota tax authorities -- is slated for argument next month.
...

I hope the PLF can pinch off a big ol' loaf of freedom for Ms. Tyler. A $25,000 loaf would be good.

 

[Pertinacious Tom]

Whitehouse Whining Continues

I guess the publication's title sort of fits too:

This member of Congress wants everyone to know about the 'dark money scheme' that's 'captured' the Supreme Court

This Tyler v Hennepin County case is exactly the kind of mischief that he is warning about. Buncha reactionary lawyers fighting against reasonable tax enforcement, backed up by lots of Koch-$pon$ored amicus briefs and such. It's just terrible.

The really remarkable thing is the apathy. No one even bothers to say how very WRONG libertarians are to fight in court for Geraldine Tyler's money.

I guess other subjects are more important, as usual.

 

[Pertinacious Tom]

Texas farmer asks Supreme Court to adopt “Pottery Barn Rule”: If the government breaks something, it buys it.

“If you break it, you buy it” is a simple rule that anyone who has shopped at a Pottery Barn probably already knows. It means that if you cause damage to someone else’s property, you are responsible for paying for that damage. And yet, the state of Texas argues that this basic tenet does not apply to state governments when they buyback private property for public use. Unfortunately, in direct defiance of decades of Supreme Court precedent, the 5th U.S. Circuit Court of Appeals agreed, and now the Institute for Justice (IJ) is helping a fourth-generation family farm appeal their case to the U.S. Supreme Court.

...

Richie Devillier is a farmer who has lived on his family’s land in Winnie, Texas, for generations. For as long as anyone can remember, the Devilliers’ land has never flooded—that is, until the early 2000s, when the Texas Department of Transportation (TxDOT) renovated a nearby highway. In an effort to make sure the eastbound lanes of the highway would be available as an evacuation route in the event of a major flood, TxDOT raised the highway’s elevation and built an impermeable concrete barrier down the median.

...

“My family has farmed this land for generations, and we’ve never seen anything like this flooding before,” said Richie. “It destroyed our crops, killed our animals, and caused untold damage to our property. I don’t know if we’ll ever be able to farm this land again without worrying that we’ll lose everything in an instant. When we talked to the state, they basically said ‘tough luck.’ That’s not right. We shouldn’t have to pay the price for a public works project that benefits the entire community. We’re not asking that they get rid of the wall. The only thing we’re asking for is the right that is guaranteed to us by the Constitution—the right to be compensated for the damage done to our property.”
...

This should be interesting.

I hope the Kochy nutjobs at IJ do better this time than they did in the topic case. It's a more reactionary court now, so that's good.