About this series
A patent claim filed in court is not decided under the “supreme law” of the land (Article I Section 8 of the Constitution) but under color of the huge and onerous Patent Law. Once an eminent domain case is filed in court it is not decided under the “supreme” law lof the land (5th Amendment) but under color of the huge and onerous Eminent Domain Law. Judges have been converted becoming the commissars and gauleiters of government and its agents, for taking property without compensation. Recently, in a 5 to 4 decision, the U. S. Supreme Court in Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___, 139 S. Ct. 2162 (2019) held that a government violates the Takings Clause the moment it takes property without compensation, and a property owner may assert a Fifth Amendment claim under 42 U.S.C. § 1983 at that time, without pursuing a state-law remedy first. The intended, or unintended, effect of the Knick decision is to replace eminent domain law by the Takings Clause (Amendment V). Who knows, constitutional principles now matter.
Titles in the series (3)
- California Supreme Court Petition: S173448 – Denied Without Opinion
5
California Supreme Court Petition – S173448 – Eminent Domain Case Denied Without Opinion. Case covers issues of just compensation, State laws and practice, date of value, judgment notwithstanding jury verdict, right to take, and validity of laws and practice.
- Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
9
1. The Fifth Amendment requires (1)that valuation and payment, with adjustments for rapid increases in property values and delays in payment, are made before taking of private property by government and (2)that owners cannot have property taken without the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Pursuant to its quick action laws, the State of California (1)condemned private property without making valuation, payment and adjustments before taking private property and (2)condemned private property without affording owners the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. 2. The Fourteenth Amendment requires a valid policy reason for the disparity between the State and private owner litigants. California's quick action laws allow immediate possession of private property by the State and protracted litigation burden for the property owner. 3. California's quick action laws deprive property owners of their 5th Amendment rights for due process and just compensation and 14th Amendment right for equal treatment?
- Supreme Court Petition No 10-1275
10
The petitioner asked the Supreme Court two important questions: 1. On his petition to the California Supreme Court: is the petitioner entitled to a written and published opinion under his 1st Amendment right to petition, 5th Amendment right for due process and 14th Amendment right for equal treatment? 2. On his motion to void the trial court's judgment for lack of fundamental jurisdiction, did the California Appeal Court have discretion to avoid and not hear and decide the motion without a written and published opinion?
James Constant
writes on law, government, mathematics and science, as they are and as they should be
Read more from James Constant
Philosophy of Law
Related to Eminent Domain Cases
Related ebooks
Up The Creek Without A Paddle: Take Control Before You Go Under Rating: 0 out of 5 stars0 ratingsThe Debt Collector Rating: 0 out of 5 stars0 ratingsInsolvency Law Made Clear: A Guide For Debtors Rating: 0 out of 5 stars0 ratingsFrost Pioneers and Alias' Families Rating: 0 out of 5 stars0 ratingsDeath Grip: Loosening the Law's Stranglehold over Economic Liberty Rating: 0 out of 5 stars0 ratingsSwindled: If Government is ‘for the people’, Why is the King Wearing No Clothes? Rating: 5 out of 5 stars5/5Ben Franklin's Web Site Rating: 2 out of 5 stars2/5A Convention of States: How to Win the Battle Between the Commons and the Aristocracy Rating: 0 out of 5 stars0 ratingsOur Virtuous Republic: The Forgotten Clause in the American Social Contract Rating: 0 out of 5 stars0 ratingsA War Like No Other: The Constitution in a Time of Terror Rating: 0 out of 5 stars0 ratingsFundamentals of the Securities Industry Rating: 0 out of 5 stars0 ratingsDollars From Heaven, Volume II Rating: 0 out of 5 stars0 ratingsThe Court of Chancery: a satirical poem. Rating: 0 out of 5 stars0 ratingsConstitution of the State of Minnesota — Republican Version Rating: 0 out of 5 stars0 ratingsPhoenix Rising: From Rock Bottom to Your Best Life Rating: 0 out of 5 stars0 ratingsJustice in Your Court: What Would It Look Like? 50 Real-Life Cases for You to Decide Rating: 0 out of 5 stars0 ratingsDefining and Discussing Immigration Rating: 0 out of 5 stars0 ratingsCrisis Wasted?: Leading Risk Managers on Risk Culture Rating: 0 out of 5 stars0 ratingsIndenture Trustee - Bankruptcy Powers & Duties Rating: 0 out of 5 stars0 ratingsCorporatocracy Rules Rating: 0 out of 5 stars0 ratingsThe Delegates of 1849: Life Stories of the Originators of California's Reputation as a Bold and Independent State Rating: 0 out of 5 stars0 ratingsWas Frankenstein Really Uncle Sam? Vol Ix: Notes on the State of the Declaration of Independence Rating: 0 out of 5 stars0 ratingsGold Swindle: The Story of Our Dwindling Gold Rating: 0 out of 5 stars0 ratingsFraud on the Court: One Adoptee's Fight to Reclaim his Identity Rating: 4 out of 5 stars4/5Decisive Battles Since Waterloo Rating: 0 out of 5 stars0 ratingsJustice Denied: A Personal Requiem Rating: 0 out of 5 stars0 ratingsThe Wizards of OZ Rating: 0 out of 5 stars0 ratingsThe Law (in Plain English) for Small Business (Sixth Edition) Rating: 0 out of 5 stars0 ratingsThe Geneva Protocol Rating: 0 out of 5 stars0 ratingsLighting the Way: Federal Courts, Civil Rights, and Public Policy Rating: 0 out of 5 stars0 ratings
Law For You
Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsLegal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5The Mueller Report: Final Special Counsel Report of President Donald Trump and Russia Collusion Rating: 4 out of 5 stars4/5Criminal Law Rating: 0 out of 5 stars0 ratingsThe Common Law Rating: 4 out of 5 stars4/5Law For Dummies Rating: 4 out of 5 stars4/5Win In Court Every Time Rating: 5 out of 5 stars5/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5What Your Divorce Lawyer May Not Tell You: The 125 Questions Every Woman Should Ask Rating: 4 out of 5 stars4/5Notorious RBG: The Life and Times of Ruth Bader Ginsburg Rating: 4 out of 5 stars4/5Executor's Guide, The: Settling a Loved One's Estate or Trust Rating: 0 out of 5 stars0 ratingsLegal Demand Letters: A+ Guides to Writing, #10 Rating: 4 out of 5 stars4/5
Related categories
Reviews for Eminent Domain Cases
1 rating1 review
- Rating: 5 out of 5 stars5/5Shocking & rage inducing, the tyrannical narcissists paid exorbitant salaries curtesy of the over taxing of the people to uphold, adjudicate, administer and honour without bias, prejudice or agenda the constitutional laws & rights of all citizens are the biggest criminals of all.