Can Kansas use Eminent domain laws to kick the phelps clan of traitors off the land?

Posted on Jun 02, 2008 under domain news and reports | 9 Comments

9 Responses to “Can Kansas use Eminent domain laws to kick the phelps clan of traitors off the land?”

  1. If they can prove that it would better the economy somehow.

  2. the_silverfoxx Says:

    in fact yes they can/

  3. question_ahoy Says:

    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.

  4. francesois Says:

    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

  5. Bill & Diana S Says:

    The State Library of Kansas provides an information web site on eminent domain in Kansas at:

    http://skyways.lib.ks.us/KSL/eminentdomain.html

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