Wednesday, May 20, 2009

New Push By Casinos On for Eminent Domain in Atlantic City

A former Atlantic City mayor who is now a state senator is joining several casino executives in calling for aggressive use of eminent domain to seize vacant buildings and land to clear the way for new development in this struggling seaside gambling resort. At an East Coast gambling conference Tuesday, State Sen. Jim Whelan, the former mayor, said eminent domain - in which private property owners are required to sell their real estate for a public purpose - is the best way for Atlantic City to weather the economic downturn. The heads of two casino companies with projects under way in town also called for the use of eminent domain to remove blight just blocks from the casinos...AP

Eminent domain is by it's very nature "aggressive." It forces you to bow down and be subservient to the state. Eminent domain comes from the Latin term dominium eminens, which means Supreme Lordship. For our purposes you can go back to 1066, when William The Conqueror seized all the land in England.

Although he maintained absolute power over the land, he granted fiefs to landholders who served as stewards, paying fees and providing military services.

Sound familiar? It was from this system that the right of condemnation developed. This English common law was brought to America. During the debates on the constitution, Thomas Jefferson wanted to get rid of all vestiges of feudalism, and proposed allodial ownership of land. Allodial is:

Allodial title is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever. In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign. Webster's first dictionary (1825 ed) says allodium is "land which is absolute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgement to a superior. It is thus opposed to feud."

If Jefferson had carried the day, not only could they not condemn your land, they could not tax it either. But along came the moderate on this issue, James Madison, whose compromise was the 5th amendment. They kept the English common law of the sovereign-steward concept, but insisted on compensation. So when they come to take your property, you will know the remnants of the feudal system gave them the authority. Your little fiefdom has just been taken back by William The Conqueror.

Also note in the article the casinos want property condemned several blocks away. In other words, if you don't like your neighbor, just sic William The Conqueror on him.

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