Notes on consideration of review of 

First English Evangelical Lutheran Church v. Los Angeles County

Supreme Court of the United States, 1987

482 U.S. 304, 1075 S.Ct. 2378, 96 L.Ed. 2d 250

 

         This case describes, among other things, how eminent domain cannot be used to acquire private property for use by a private person or entity, only for public good. Compensation for total time of “takings” or public use of private property – whether temporary or permanent – must be provided.

 

“‘It’s axiomatic that the Fifth Amendment’s just compensation provision is ‘designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be bourne by the public as a whole.’ Armstrong v. United States, 364 U.S., at 49. See also Penn Central Transportation Co. v. New York City, 438 U.S., at 123-125; Monogahela Navigation Co., v. United States, 148 U.S., at 325.”

 

          Just compensation and verified application of Government right – including as substantiated by statute and with appropriate declaration – in acquisition of private property for public use must be considered when evaluating how response – or lack thereof – by Government permits for private property to be illegally acquired by or for a private person, including in the form of a “contract” engaged with or under the alleged auspices of Government authorization.

 

Finish composition at 1:34 pm CST on March 11, 2022 

First review around 1:10 pm CST and 1:30 pm CST on March 11, 2022

 

From “Land Use and Community Development” by John R. Nolon, Patricia E. Salkin and Morton Gitelman; Thomson West, St. Paul, MN. 2008. Acquired in November of 2021.

 

11:05 am CST

March 15, 2022

Charity Colleen Crouse

​

Posted at 11:14 am CST 

March 15, 2022

​

​

​