There are too many US governors that can claim their were ignorant of the Fifth Amendment.
October 27, 2016
October 27, 2016
By Ron Fonger
...Two remaining claims (click here) -- that the defendants violated the Michigan Constitution through their actions in the water crisis and a claim for inverse condemnation -- can move forward, the 50-page decision says.
The court rejected an argument that Earley and Ambrose were "local, not state officials" while they worked as emergency managers in Flint and also rejected a state argument that the defendants waited too long to file their lawsuit.
Filed nearly one year ago, the lawsuit claims Snyder and the other defendants are responsible for replacing safe water in Flint with water that was dangerous, unsafe and inadequately treated....
Just Compensation Clause: (click here)
Clause in the Fifth Amendment to the United States Constitution that provides “nor shall private property be taken for public use, without just compensation”.
Clause in the Fifth Amendment to the United States Constitution that provides “nor shall private property be taken for public use, without just compensation”.
Eminent Domain:
The power of a sovereign entity to take or appropriate any land within its borders for any purpose that it deems necessary or beneficial.
The power of a sovereign entity to take or appropriate any land within its borders for any purpose that it deems necessary or beneficial.
Public Use:
A use for property that is designed to benefit the public as a whole, rather than just a private individual or entity.
A use for property that is designed to benefit the public as a whole, rather than just a private individual or entity.
Economic Use Doctrine:
The rule that states that if a zoning law eliminates all economically viable use of a parcel of property, it is considered as if the government took the property, requiring just compensation.
The rule that states that if a zoning law eliminates all economically viable use of a parcel of property, it is considered as if the government took the property, requiring just compensation.
Just Compensation:
Fair market value of a parcel of property that must be paid to a land owner who has had his or her property taken by the government....
Fair market value of a parcel of property that must be paid to a land owner who has had his or her property taken by the government....