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Eminent Domain
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Tony de la Pena
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Mar 05, 2004 19:41 PST
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Charlie, you seem to be having a disputation with yourself.
The fact that the "just compensation" principle is germane, is not now nor has
it ever been at issue; hence invoking in further support the last phrase of the
Fifth Amendment to the federal constitution seems gratuitous.
What remains very much at issue, however, is how this very general
constitutional and statutory principle has been interpreted, construed and
applied to myriad fact situations in the past, in Vermont and in other
jurisdictions, and in determining therefrom with what probable effect it might
be applied to our intricate, tangled, and rather special fact situation. If for
no other reason than personal curiosity, it is very deserving of some very
thorough research.
More than enough having already been said on this for-now hypothetical issue,
please accept these as my final comments thereon, at least for the present.
Salutations.
Tony de la Pena
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