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Re: Eminent Domain
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david.celone
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Mar 07, 2004 10:03 PST
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Hi everyone, I'd find it particularly difficult as a Thetford community member and as a School Board member to even begin to think of invoking such an adversarial, divisive and costly legal principal as eminent domain in this case. I agree with Tony's comments below that enough has certainly been said on this issue. Dave
--- You wrote:
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
--- end of quote ---
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