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(no subject)
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Tony de la Pena
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Mar 03, 2004 21:50 PST
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Eminent Domain
Indeed, Article 2 of Chapter 1 of the Vermont Constitution does contain a phrase
with an import similar to that quoted by Mr. Buttrey in his February 29 Forum
Message, as undoubtedly do the statutes and/or constitutional provisions on the
subject of eminent domain in the 49 other states.
However, the critical issue is how this generic phrase has been interpreted,
construed and applied to a great variety of fact situations, particularly to
situations not unlike ours, involving very intricate, tangled and unique facts.
A broad but admittedly cursory examination of treatises, and judicial decisions
cited therein, suggests to me that the outcome might differ significantly from
that surmised by Mr. Buttrey. However, absent a further thorough and
comprehensive research of treatises and case law on the subject, covering the
law both in Vermont as well as in other jurisdictions, for the moment renders my
judgment tentative.
Hopefully an agreement will be reached that reconciles the vital interests of
both the Academy and the residents of Thetford, making reflections on related
legal issues merely an interesting intellectual exercise.
Salutations.
Tony de la Pena
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