Anonymous ID: e56195 Jan. 7, 2019, 4:40 p.m. No.4653045   πŸ—„οΈ.is πŸ”—kun

The federal government does NOT have eminent domain within state territory. Sorry GEOTUS. You are setting horrible precedents that will mean the end of freedom if ever performed by Democrats.

 

http://www.federalistblog.us/2009/05/congress_and_eminent_domain/

 

>The AP reports that the federal government will begin taking land from seven property owners so that a Flight 93 memorial can be built in time for the 10th anniversary of the 2001 terrorist attacks. β€œWe always prefer to get that land from a willing seller. And sometimes you can just not come to an agreement on certain things,” said National Parks Service spokesperson Phil Sheridan.

 

>One major problem: The Federal Government has no authority to condemn private property within a State no more than they do within, say, China. This means this is not an issue of law over the taking of property for just compensation but merely an act of unlawful usurpation. To exercise the power of Eminent Domain requires exclusive legislative powers, something that was withheld from national government within State limits.

 

>Only way for the Federal Government to acquire property to build a monument would be as suggested under Section 8, Article I, β€œto 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.” In other words, the Constitution recognizes Congress has no authority to take property as they please without first obtaining permission of the State Legislature and purchasing the property – just as would be true within another country.

 

The 14th Amendment does not change this.