If they could find a compelling government interest in that property, yes. I'm skeptical they would find a compelling government interest that would holdup in court.
This is the price of a free society…it's free to all, even the wackos on the margin.
Not for that reason. For Kansas to take someone's land for the purpose of punishing that person's political speech is a First Amendment violation, even if otherwise permissible as an exercise of the State's eminent domain powers. In the case of Phelps, the motivation for taking his land would be so obviously political that no pretext about compelling use would be believed by any fair court.
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June 2nd, 2008 at 6:08 am
If they can prove that it would better the economy somehow.
June 2nd, 2008 at 6:08 am
in fact yes they can/
June 2nd, 2008 at 6:08 am
If they could find a compelling government interest in that property, yes. I'm skeptical they would find a compelling government interest that would holdup in court.
This is the price of a free society…it's free to all, even the wackos on the margin.
June 2nd, 2008 at 6:08 am
Dear Friend,
Not for that reason. For Kansas to take someone's land for the purpose of punishing that person's political speech is a First Amendment violation, even if otherwise permissible as an exercise of the State's eminent domain powers. In the case of Phelps, the motivation for taking his land would be so obviously political that no pretext about compelling use would be believed by any fair court.
Yours in Him,
Francesois
June 2nd, 2008 at 6:08 am
The State Library of Kansas provides an information web site on eminent domain in Kansas at:
http://skyways.lib.ks.us/KSL/eminentdomain.html
October 31st, 2011 at 12:37 am
Christmas Tree…
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January 14th, 2012 at 6:35 pm
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January 19th, 2012 at 9:43 pm
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February 8th, 2012 at 12:55 pm
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