"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."
Wow! I just can't believe that 5 people (on the Supreme Court) have decided for the remaining 295,734,134 of us, that increased tax revenue is a just rationale/definition of "public use". That clears the way for personal property to be "taken" by local governments "with just compensation" for something as "public use" as a high-rise condo development with higher tax-revenue-generating potential than its current, private use.
How can anyone define "just compensation" for a women evicted from the house she has lived in since 1918? They are not taking away property; they are taking away everything she has ever known!!! What exactly is "just compensation" for someone's entire life?
Fortunately (and I can't believe I'm about to say this), I am protected where I live by my state's Supreme Court and Constitution; the Georgia Supreme Court has already ruled that the Georgia Constitution can not be interpreted to define property development as "for public use" just because it generates more tax dollars. In my state, I can lose my house to make way for a school or freeway, but not for a higher tax-revenue-generating house or shopping mall.
This local protection could become even stronger next year. SB 86 has already passed the State Senate and is waiting a House vote. Contact your representative! This law will "provide for the limitation of public purposes for which eminent domain may be exercised", further protecting our personal property. This has already been done in 8 other states, neighbors Florida and South Carolina among them.
Georgia may be screwed up in many ways, but I am proud (though surprised) that its government is protecting this most basic of rights on my behalf; and beyond angry about the helplessness of property "owners" in other states.
Now, if only they would stop pulling "eminent domain" on my sex life...
This is the 5th Amendment (and I miss it)
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