November 29, 2023 at 7:59 pm #1228Christopher ShakerParticipant
Fifth Amendment: an overview
“nor shall private property be taken for public use, without just compensation.”…
“The clauses incorporated within the Fifth Amendment outline basic constitutional limits on police procedure. The Framers derived the Grand Juries Clause and the Due Process Clause from the Magna Carta, dating back to 1215. Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: grand juries for capital crimes, a prohibition on double jeopardy, a prohibition against required self-incrimination, a guarantee that all criminal defendants will have a fair trial, and a promise that the government will not seize private property without paying market value. While the Fifth Amendment originally only applied to federal courts, the U.S. Supreme Court has interpreted the Fifth Amendment’s provisions as now applying to the states through the Due Process Clause of the Fourteenth Amendment.”…
“Just Compensation Clause
While the federal government has a constitutional right to “take” private property for public use, the Fifth Amendment’s Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property. The U.S. Supreme Court has defined fair market value as the most probable price that a willing but unpressured buyer, fully knowledgeable of both the property’s good and bad attributes, would pay. The government does not have to pay a property owner’s attorney’s fees, however, unless a statute so provides.
In Kelo v. City of New London, the U.S. Supreme Court rendered a controversial opinion in which they held that a city could constitutionally seize private property for private commercial development. 545 U.S. 469 (2005).”
Chris ShakerNovember 29, 2023 at 9:26 pm #1229Christopher ShakerParticipant
Deschutes County thinks that my hangar structure (building only – NO dirt) is worth $361,590. That is more money than I’m selling my hangar for.
My assessed value is $173,960. That is what I pay property taxes on:
If the City of Bend refuses to extend my lease, and takes over my hangar structure for public use, haven’t they taken $361,590 of my property without compensation? Wouldn’t they have violated the Fifth Amendment: “nor shall private property be taken for public use, without just compensation.”?
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