This article was originally published on Conservative Firing Line - Politics. You can read the original article HERE
A fight has erupted over a decision by the Long Island town of Southold to take private property that the owners of a chain of hardware stores bought for a new location.
The problem is that the town took the land against the wishes of the owners using eminent domain, but it had no legitimate reason for doing that.
According to officials at the Institute for Justice, that’s known because the city insisted it needed the land for a “park,” but that turned out to be a “passive park” with no cleanup, no improvements, and the remnants of an old home and greenhouse left there.
The IJ explained, ‘When every legal effort to stop someone from using their property has failed, can the government simply take the land using eminent domain? That is the question at the heart of a new U.S. Supreme Court petition filed by a family-owned hardware store business whose property was taken by a small Long Island town.”
Will this presidential election be the most important in American history?
It is the Brinkmann family whose members already have five Long Island stores and obtained the Southold property for another.
“The town did everything it could to stop construction. After failing to drive the Brinkmanns away by attempting to interfere with the Brinkmanns’ land purchase, then imposing an exorbitant fee for a market impact study that the town never performed after being paid, and even deploying a selectively enforced moratorium on building permits to stifle the Brinkmanns’ permit application; the town voted to take the land by eminent domain for a park,” the IJ said.
At the 2nd U.S. Circuit Court of Appeals, the judges said, “the government can take your property for almost any reason at all—including because it just doesn’t like you—so long as the government lies about why it is using eminent domain,” explained IJ lawyer Jeff Redfern.
“This is a dangerous precedent, and the Supreme Court should take this opportunity to clarify that it is unconstitutional to use eminent domain in bad faith, simply to stop someone from making a lawful use of their property.”
The commercial venture was started by Tony and Pat Brinkmann with a single store in Sayville, New York, in 1976. Today, the company is still family-owned and operated by their children—Mary, Ben and Hank.
“If the maneuver that Southold used to take our property is allowed to stand, no one can purchase property with the confidence that they will be able to use it,” said Ben Brinkmann. “We played by the rules, but the ground kept shifting under our feet until our property was simply taken by force. Courts should not turn their eyes from eminent domain abuse.”
A dissent from the recent 2nd Circuit ruling pointed out that “courts across the country have long invalidated bad-faith takings to stop otherwise legitimate uses of property.”
For 25 years, WND has boldly brought you the news that really matters. If you appreciate our Christian journalists and their uniquely truthful reporting and analysis, please help us by becoming a WND Insider!
Content created by the WND News Center is available for re-publication without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@wndnewscenter.org.
SUPPORT TRUTHFUL JOURNALISM. MAKE A DONATION TO THE NONPROFIT WND NEWS CENTER. THANK YOU!
* * *
Content created by the WND News Center is available for re-publication without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@wndnewscenter.org.
This article was originally published by the WND News Center.
Related:
Turn your back on Big Tech oligarchs and join the New Resistance NOW! Facebook, Google, and other members of the Silicon Valley Axis of Evil are now doing everything they can to deliberately silence conservative content online, so please be sure to check out our MeWe page here, check us out at ProAmerica Only and follow us at Parler, SocialCross, Speak Your Mind Here, and Gab. You can also follow us on Truth Social here, Twitter at @co_firing_line, and at the social media site set up by members of Team Trump, GETTR.
Give a middle finger to unaccountable global censors and big tech fascists. Bookmark this site, sign up for our newsletter, and check back often.
While you’re at it, be sure to check out our friends at Whatfinger News, the Internet’s conservative front-page founded by ex-military!
And be sure to check out our friends at Trending Views:
This article was originally published by Conservative Firing Line - Politics. We only curate news from sources that align with the core values of our intended conservative audience. If you like the news you read here we encourage you to utilize the original sources for even more great news and opinions you can trust!
Comments