Property rights in an emergency
The city has given itself the right to seize its residents’ personal property for public use in an emergency.And although commissioners say it would use its new law only in “an exceptional disaster,” some residents are furious
It may well be that odd opportunity to assert a third amendment claim.
September 12th, 2006 at 6:51 am
[…] SayUncle reports: It may well be that odd opportunity to assert a third amendment claim. […]
September 12th, 2006 at 12:41 pm
Can eminent domain be done retroactively?
September 12th, 2006 at 7:11 pm
Problem is, I’m not entirely sure that the Third Amendment has ever been applied to the States, if it’s the local government doing it, it may well be constitutional.
This would most likely be a straight up eminent domain case, unless the property is used to house National Guard troops. But again, if the Third hasn’t been applied to the States, if there isn’t a parallel provision in the State Constitution, there’s nothing to be done. Unless you want to fight to make the Third applicable to the States, it’s not going to worth much – you’ll probably get some compensation from the government (many years later).
September 18th, 2006 at 11:49 am
Actually, it has. See Engblom v. Carey (1982) in which the 2nd Circuit delcared that the 3rd Amendment was incorporated under the 14th.