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(Belt Magazine)   "Make no mistake. If there is a legal challenge, you will lose. You will not be able to take these people's homes"   ( beltmag.com) divider line
    More: Asinine, Foxconn, Eminent domain, Kelo v. City of New London, tech giant Foxconn, Foxconn property, entire future Foxconn, Property, Foxconn project  
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16365 clicks; posted to Main » on 15 Apr 2018 at 9:43 AM (22 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2018-04-15 07:51:54 AM  
Beware the Foxconnmen
 
2018-04-15 08:02:33 AM  
Wait, the Leopards are going to eat MY face?!

This kind of stuff is horrific. At bare minimum they should pay full face value for the homes. At minimum. Blighted my ass.

Governor Fetal Alcohol Syndrome is such a amazing guy.
 
2018-04-15 08:02:45 AM  
It would be the final step for the local authorities...

So, a final solution?

...vital cogs in the Foxconn-booster leadership chain that runs from local Tea Party officials, to Governor Scott Walker, and all the way up to President Donald Trump - to fulfill the promise to Taiwanese tech giant Foxconn to obtain and then turn over the land ...

Leopards, faces...faces, leopards
 
2018-04-15 08:55:47 AM  
If the werent white, they would be walking.
 
2018-04-15 09:34:38 AM  
img.fark.netView Full Size


Watch out for that first step, it's a doozy.
 
Xai [TotalFark] [BareFark]
2018-04-15 09:45:45 AM  
Ah the land of the free...
 
2018-04-15 09:47:35 AM  
Service Unavailable

The server is temporarily unable to service your request due to maintenance downtime or capacity problems. Please try again later.
Additionally, a 503 Service Unavailable error was encountered while trying to use an ErrorDocument to handle the request.
 
2018-04-15 09:52:06 AM  

bearded clamorer: [img.fark.net image 600x450]

Watch out for that first step, it's a doozy.


Yeah my house is of a nearly identical style and I had a situation exactly like that until I built the deck.
 
2018-04-15 09:53:45 AM  
I'm not saying that you should form an angry mob and burn out the town council; but, I'd understand if you did.
 
2018-04-15 09:54:56 AM  

bearded clamorer: [img.fark.net image 600x450]

Watch out for that first step, it's a doozy.


Hmm, that looks dangerous.

BLIGHTED!
 
2018-04-15 09:56:39 AM  
There was a sign that warned "Beware of Leopard".
 
2018-04-15 09:56:47 AM  
Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?
 
2018-04-15 09:57:43 AM  

BafflerMeal: Service Unavailable. The server is temporarily unable to service your request due to maintenance downtime or capacity problems. Please try again later. Additionally, a 503 Service Unavailable error was encountered while trying to use an ErrorDocument to handle the request.1


Seems to be intermittent.
 
2018-04-15 09:58:22 AM  
People with power and money will do whatever they want and there is nothing that can stop them. Not common decency, not Government, not Church. They will fark you sideways until you like it.

This isn't doom, it's just gloom. We're victims waiting to happen.
 
2018-04-15 10:05:20 AM  
Guys, guys relax! It's the free market solution
 
2018-04-15 10:05:49 AM  

Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?


Good thing you got that Second Amendment thingy to help prevent the government from seizing your property
 
2018-04-15 10:06:16 AM  

Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?


It's Scott Walker. He probably got it declared a "necessary public improvment" zone, seized the property, *then* had it declared no longer property of the state and "sold" it to Foxconn. I would truly love to see just how much Scott Walker is getting paid under-the-table into his offshore bank accounts for setting the whole Foxconn land-grab and tax-break deal up.
 
2018-04-15 10:06:38 AM  

pdieten: bearded clamorer: [img.fark.net image 600x450]

Watch out for that first step, it's a doozy.

Yeah my house is of a nearly identical style and I had a situation exactly like that until I built the deck.


Same here. Added door in the garage to the back yard first. Added the deck later.
 
2018-04-15 10:08:28 AM  

WRRandolphs: Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?

Good thing you got that Second Amendment thingy to help prevent the government from seizing your property


That only works if you are a police officer or a white male shooting a black/brown/not-white person who is "threatening" you.
 
2018-04-15 10:08:55 AM  

Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?


It was not. But Kelo vs New London opened the door for this kind of taking. Then most states reacted by tightening up their rules for eminent domain to prevent it from happening. TFA seems to say that Wisconsin law should not allow this.
 
2018-04-15 10:09:44 AM  

ClavellBCMI: WRRandolphs: Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?

Good thing you got that Second Amendment thingy to help prevent the government from seizing your property

That only works if you are a police officer or a white male shooting a black/brown/not-white person who is "threatening" you.


Ugh
 
2018-04-15 10:10:06 AM  

ClavellBCMI: Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?

It's Scott Walker. He probably got it declared a "necessary public improvment" zone, seized the property, *then* had it declared no longer property of the state and "sold" it to Foxconn. I would truly love to see just how much Scott Walker is getting paid under-the-table into his offshore bank accounts for setting the whole Foxconn land-grab and tax-break deal up.


Doing all of that would be transparently corrupt, and I'd imagine it'd be difficult for him to get away with it. But hey, we're in the age of Trump. Who cares if politicians are blatantly, egregiously criminal?
 
2018-04-15 10:11:43 AM  
FTFA:

"Also testifying was Christy Hall, a criminal defense attorney who lives within the condemnation zone. She pilloried the local government for issuing her a building  permit and allowing the construction of a major improvement to her house in the period between their initial discussions with Foxconn and the public announcement. "You let it happen," she stated bitterly. "Even though you knew this was coming.""

Yeah, that's some major league bullshiat right there.
 
2018-04-15 10:14:25 AM  
Thank you,(fake)Governor Walker!
 
2018-04-15 10:18:13 AM  

BafflerMeal: Service Unavailable

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Additionally, a 503 Service Unavailable error was encountered while trying to use an ErrorDocument to handle the request.


I haven't had an opportunity to say ghia in recent years. . but I'm going to say it...
LINK IS FARKED
 
2018-04-15 10:23:20 AM  

lilbordr: BafflerMeal: Service Unavailable

The server is temporarily unable to service your request due to maintenance downtime or capacity problems. Please try again later.
Additionally, a 503 Service Unavailable error was encountered while trying to use an ErrorDocument to handle the request.

I haven't had an opportunity to say ghia in recent years. . but I'm going to say it...
LINK IS FARKED


 Just hit F5 to refresh ya wanker. Nobody wants to hear your whining.
 
2018-04-15 10:30:38 AM  
image1.spreadshirt.netView Full Size
 / been there, done that, finally got the T-shirt...
 
2018-04-15 10:31:01 AM  
So the same firm that took Kelo v New London to the Supreme Court is handling this situation AND doing it pro bono?

I have to assume that either the Foxconn offers are in the hundreds of millions of dollars; or the plan is to "condemn" the property Israeli-ghetto style with bulldozers and armed troops.
 
2018-04-15 10:31:33 AM  
In Ryan's district. What a surprise.
 
2018-04-15 10:35:41 AM  

Xai: Ah the land of the free...


I personally blame the liberal wing of the Supreme Court.  It was Stevens, Kennedy, Souter, Ginsberg, and Breyer who said it was perfectly fine for the government under eminent domain to seize private property in order to sell it to a private entity.  It was O'Connor, Rehnquist, Scalia, and Thomas who dissented.

https://en.wikipedia.org/wiki/Kelo_v.​_​City_of_New_London
 
2018-04-15 10:35:47 AM  

WRRandolphs: Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?

Good thing you got that Second Amendment thingy to help prevent the government from seizing your property


That is beautiful.
 
2018-04-15 10:37:27 AM  
Link is intermittently farked.

I feel for the people, the story has been on WPR a couple times in the last few weeks. I get a warm feeling that the city/state apparently will have to pay these people good money to move, as the definition for declaring a property "blighted" is narrow.

I have very little issue with eminent domain, if you're giving people good money to move, and I'd add covering their moving costs like the moving company. Of course the city, state, Foxconn, plus other idiots don't want to pay, and that's the problem. I think they should be required to get an outside assessor who notes the value of the house in the area, as is not thinking of a future plant or other things like that, and be required to pay double or triple that price plus ancillary costs. If they want the property in less than 120 days (typical closing times for homes are 45 days, but you have to give people time to find a new home FFS) then they should be paying four to six times the independently assessed market value plus ancillary costs. Oh, and to sweeten the deal, give the homeowners who are moving an exemption from property taxes on their next primary residence for 10 years.

On the flip side, we have another city that had to knock down because the property owner wanted a ridiculous amount of money for an old plant. Wouldn't be much of a problem, let them lose money if they can't find a buyer, but they didn't maintain it, and the brick (it was built around 1903) started falling off. This wasn't just fascia brick either, it was essential to the building's structural integrity. The owner fought both doing repairs, and the eventual condemnation of the structures, as long as they could. That deserved to claimed via eminent domain, and be torn down in the name of public safety, by the time the city got around to knocking it over.
 
2018-04-15 10:38:32 AM  

Big_Doofus: WRRandolphs: Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?

Good thing you got that Second Amendment thingy to help prevent the government from seizing your property

That is beautiful.


Well, it was the same basic Supreme Court justices who dissented against Heller who were in the majority in Kelo.

Which I suppose makes some sense.  People who are keen on seizing your property don't appreciate kinetic protests.
 
2018-04-15 10:43:23 AM  

casual disregard: People with power and money will do whatever they want and there is nothing that can stop them. Not common decency, not Government, not Church. They will fark you sideways until you like it.

This isn't doom, it's just gloom. We're victims waiting to happen.

There are other ways. Paths less traveled. Sites unseen.

One day I will be ready. No, I'm not ready.
 
2018-04-15 10:48:24 AM  

inglixthemad: I have very little issue with eminent domain, if you're giving people good money to move, and I'd add covering their moving costs like the moving company.


I don't have an issue with it if it's being used for an actual bona fide public use.  So, if they need to seize your property to build an interstate, or a public library, or a extend a park or preserve, or something like that which benefits everyone.

I do have a problem when the government seizes property from one private entity solely to sell it to another private entity in order to get more tax revenue.  That's at the heart of the issue here.

Unfortunately, as a legal matter, I'm on the wrong side of the issue because the Supreme Court decided in Kelo v. City of New London that local governments can do precisely that.

At least, in states that didn't pass laws in the wake of Kelo that said it was forbidden to do that, which a number of them did.

In actually RTFA'ing (Yeah, I know, what was I thinking!), it appears that WIsconsin has such a law, at least, a law that specifically defines the word "blight" and the neighborhood in question does not qualify.

So I suspect these people will win their case.
 
2018-04-15 10:48:45 AM  

CordycepsInYourBrain: Cythraul: Was Eminent Domain really designed to aid private companies not under government contract? Or did Foxconn win a bid here for this deal?

It was not. But Kelo vs New London opened the door for this kind of taking. Then most states reacted by tightening up their rules for eminent domain to prevent it from happening. TFA seems to say that Wisconsin law should not allow this.


In this one case  truly both sides are bad.

The Democrats have no moral high ground on eminent domain.
 
2018-04-15 10:49:47 AM  
A house with a door that has a 3-foot drop?  A clear case of blight, case closed!
 
2018-04-15 10:51:27 AM  

cwheelie: Guys, guys relax! It's the free market solution


Except it's actually the opposite.
 
2018-04-15 10:56:37 AM  
myconfinedspace.comView Full Size
 
2018-04-15 10:57:31 AM  
Wow, a rare website that got Farked. Remember when that was a thing? ;p
 
2018-04-15 10:57:56 AM  

NewportBarGuy: Wait, the Leopards are going to eat MY face?!

This kind of stuff is horrific. At bare minimum they should pay full face value for the homes. At minimum. Blighted my ass.

Governor Fetal Alcohol Syndrome is such a amazing guy.

"At one point Village officials talked about offers at 140 percent the pre-Foxconn property values, even as they were in the process of buying local farms for five times or more the previous going rate."


There's no way I'm settling for 140% when somebody else got 500%. It's not fair!
 
2018-04-15 11:01:57 AM  

dittybopper: I don't have an issue with it if it's being used for an actual bona fide public use.  So, if they need to seize your property to build an interstate, or a public library, or a extend a park or preserve, or something like that which benefits everyone.


I don't even have a problem with the other way, if they're paying pretty good money to get people to move. That's where the outside assessor comes into play, and ignoring the possible future use is necessary. Oh, and the time frame multiplier would give incentive to not rush things since it at least doubles the payout. Plus the new home they get (if in the same state anyway) being exempt from property taxes for 10 years is another plus.

I view using eminent domain as a last resort, but if you're going to do it then the (city/state/eventual benefactor of taking the land) should be on the hook for making it a sweet deal. This is especially true when it comes to people's personal homes IMHO. If the state did above, you'd find very few people that wouldn't want to move anyway. Double or triple market value plus ancillary costs like moving, to start, and you don't pay property taxes on your next house for 10 years?

I should add that the entity claiming the property will be required to pay the local property taxes for the person's new house. It isn't fair to make a new municipality bear the burden of no taxes from a local property due to a deal with the old municipality on eminent domain.
 
2018-04-15 11:02:00 AM  
For instance, one of the qualifying criteria is a crime rate three times the rate of the surrounding community, a criteria which is nonsensical for the designated Foxconn property.

So you give us ONE of the criteria but what are the rest and what's the threshold? Does it have to meet two of the criteria? How easy is it to get the blight classification? Because if it's easy then this quote doesn't matter:
"Property that is not blighted property may not be acquired by condemnation by an entity authorized to condemn ... if the condemnor intends to convey or lease the acquired property to a private entity."

They just need the "blighted" classification then they're good.
 
TWX
2018-04-15 11:02:25 AM  
If I remember cases of the use of eminent domain to take private property for use by another private individual or group, the Supreme Court basically considered it a state issue. In Arizona, the City of Mesa attempted to shutter Bailey's Brake Service, sitting on fairly prime commercial real estate, for redevelopment by another local business that wanted to move their hardware store. It went to court, and the state court ruled on-appeal that the Arizona Constitution prohibits taking of private property if it's not to be used for public purposes. The City of Mesa had already basically torn down the rest of the corner surrounding the back of Bailey's, and Bailey's only closed a couple years ago, so it was sitting there for fifteen years surrounded by a fenced off dirt lot. Even now the closed business is still there, not sure if it'll reopen with another owner or if some day it really will be redeveloped, but basically in Arizona, eminent domain may not be used for this purpose.

Other states would do well to consider similar rules. If the argument against these rules is that blighted property can be seized, then try having things like building codes, that require landlords to maintain their properties and where they receive fines if the properties aren't maintained.
 
2018-04-15 11:04:14 AM  
It's not going to surprise me in bit when I read about one of these home-owners torching the homes of the city council members.
 
2018-04-15 11:07:50 AM  

morg: For instance, one of the qualifying criteria is a crime rate three times the rate of the surrounding community, a criteria which is nonsensical for the designated Foxconn property.

So you give us ONE of the criteria but what are the rest and what's the threshold? Does it have to meet two of the criteria? How easy is it to get the blight classification? Because if it's easy then this quote doesn't matter:
"Property that is not blighted property may not be acquired by condemnation by an entity authorized to condemn ... if the condemnor intends to convey or lease the acquired property to a private entity."

They just need the "blighted" classification then they're good.


Here is the relevant law. Specifically the definition of blight:

(b) "Blighted area" means any of the following:
1. An area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare.
2. An area which by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.
3. An area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.
(bm) "Blighted property" means any property within a city, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and is detrimental to the public health, safety, morals or welfare, or any property which by reason of faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair market value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provisions of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use, or any property which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.

I don't think the homes there would fall into any of those classifications, but I could be wrong.
 
2018-04-15 11:09:26 AM  

geek_mars: It's not going to surprise me in bit when I read about one of these home-owners torching the homes of the city council members.


I'd worry more about guns.
 
2018-04-15 11:12:39 AM  
Hey, voters? Republican politicians would literally sell you into slavery if they thought they could get away with it. They do not consider you human. You exist solely to churn out profit for the "Job Creators", and if you get in the way of that, you must be stomped down.
 
2018-04-15 11:12:52 AM  
The fact that this is not showing up on MSNBC or CNN means these people will soon be walking.

edmo: I'd worry more about guns.


Only need a handfull of these incidents ending in gunfire for imminent domain laws to get changed.  So a few dozen dead.  Murrica.
 
2018-04-15 11:13:02 AM  

Unobtanium: It would be the final step for the local authorities...

So, a final solution?

...vital cogs in the Foxconn-booster leadership chain that runs from local Tea Party officials, to Governor Scott Walker, and all the way up to President Donald Trump - to fulfill the promise to Taiwanese tech giant Foxconn to obtain and then turn over the land ...

Leopards, faces...faces, leopards


You're blaming the wrong political faction here. Kelo is all on Democrats.
 
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