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RE: [RLC-Action] Digest Number 127

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  • Jeff Palmer
    What sort of help are you looking for? Jeff Palmer - jap@highstream.net * * * Quote of the Week: “If the rights of the individual are not respected by the
    Message 1 of 2 , Jun 25, 2005
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      What sort of help are you looking for?

      Jeff Palmer - jap@...
       * * *
      Quote of the Week:  “If the rights of the individual are not respected by the group, the group itself cannot exist for long.” -- Jo Stockton (Audrey Hepburn), Funny Face, 1957

      -----Original Message-----
      From: RLC-Action@yahoogroups.com [mailto:RLC-Action@yahoogroups.com] On Behalf Of Joe Haynes
      Sent: Saturday, June 25, 2005 1:15 PM
      To: RLC-Action@yahoogroups.com
      Subject: Re: [RLC-Action] Digest Number 127

      To all:
      In light of the eminent domain ruling, I am going to commit myself to
      starting a PAC here in Florida called FAULT-PAC (Floridians Against
      Unlawful Land Theft) with the purpose of getting an amendment to the
      Florida constitution on the ballot for 2008.

      I have been in contact with an attorney at IJ regarding the wording of
      the proposal.  The following is what I have come up with:

      An Amendment to the Florida Constitution Amending Article X, Section VI-
      Eminent Domain

      Be it enacted by the Legislature of the State of Florida, Article X,
      Section VI of the Florida Constitution is amended as follows:

      a)    No private property shall be taken by the State of Florida or any
      political subdivision thereof except for a public use and with full
      compensation therefore paid to each owner or secured by deposit in the
      registry of the court where the property is located and available to the
      owner.  No private property shall be taken for a private use, which is
      any use other than those described as a public use in paragraph (b).

      b)    Public use is herein defined to mean the taking of private lands
      for only the following express and limited governmental functions: the
      building of public thoroughfares; the erection or improvement of
      government buildings that are a direct result of a specified
      governmental activity promulgated by the Florida Legislature or of the
      governing body of any political subdivision of the State of Florida; and
      the erection and improvement of public utilities including but not
      limited to water, sewer, drainage, telephone and power transmission lines.

      c)    Whenever an attempt is made to take private property for a use
      alleged to be public, the question whether the contemplated use be
      really public shall be a judicial question, and determined as such
      without regard to any legislative assertion that the use is public.

      d)    No private property shall be taken for the purpose of securing
      increased tax revenue or tax base by transferring said property to
      another private individual or corporate entity, nor shall any private
      person or corporation be entitled to the use of eminent domain through
      any mechanism.

      e)    Full compensation is defined as the highest of three independent
      appraisals of the property to be taken with the property owner selecting
      one appraiser, the condemning authority selecting one appraiser, and the
      chosen appraisers selecting one appraiser.

      f)    Provision may be made by law for the taking of easements, by like
      proceedings, for the drainage of land of one person over or through the
      land of another.

      If there is anyone in this group that lives in Florida that would be
      interested in getting this off the ground, I will get the paperwork
      going to set up the PAC.  We would need to hammer out specifics of how
      to get this thing rolling, but I want to see who is interested first.

      Joe Haynes
      Seminole, FL

      >Well, this looks like the rare issue where EVERYONE in the RLC agrees and is
      >profoundly outraged.  However, I haven't heard anyone offer an action plan
      >outside of Ray's outline.  I understand how difficult it is to get people
      >active over controversial issues, but there isn't any controversy here.
      >We're all adamantly opposed to the Supreme's ruling.
      >I'm still a bit burnt out after my last few attempts to get people on this
      >list to commit to a course of action, so someone else will have to do the
      >legwork on this one.  The issue is in the media right now, and the clock is
      >ticking.  You only have a few more days of relevance before the public
      >discards this issue as no longer current.

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