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Eminent Domain (merged)

What's on your mind?
General interest discussions, not necessarily related to depletion.

Re: Eminent Domain vs. Surface Rights

Unread postby smileyhouston » Sun 02 Mar 2008, 16:45:44

One issue is the demand is increasing, so pipeline from Canada is running in issues to build pipelines across farmers land.

Another is with NG, industries are starting to look into these outlets which fall on peoples 'private' property.

What arguments are there from both sides, and valid point on owners being compensated.

What about mineral rights vs. water rights? I've heard this come up a couple of times also.
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Re: Eminent Domain vs. Surface Rights

Unread postby smallpoxgirl » Sun 02 Mar 2008, 16:48:17

Property rights are a joke. Politicians can and will steal anything you own. They may or may not decide to give it to their criminal accomplices in industry and there is not a blessed thing you can do about it. They have a variety of terms for it: taxation, forfeiture, eminent domain, it's all just a bunch of fancy lawyer double talk for thieving.
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Re: Eminent Domain vs. Surface Rights

Unread postby smileyhouston » Sun 02 Mar 2008, 16:50:43

so what solutions do you suggest?
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Re: Eminent Domain vs. Surface Rights

Unread postby BigTex » Sun 02 Mar 2008, 17:20:18

Smiley, you are raising two issues so far.

The first issue, eminent domain, is a local political issue. Whoever controls the local political apparatus will be the one who is able to use the eminent domain device to their benefit. This is one more reason to remain active in local politics and one more thing to be mindful of when purchasing property.

Is it "right" for the state to take private property for a public good? Sometimes it is. Private property rights that are never subordinate to public needs lead to absurd results. It's just a matter of balance, common sense, and trying to minimize the influence of private interests billing themselves as a public good. For example, access to clean drinking water is not the same as access to cheap crap at a Walmart.

The second issue is easements, rights of way, and similar partial "takings" necessary to facilitate public goods that require the partial use of private property.

These topics cannot be treated in any detail in this kind of setting, but for each there are well-developed bodies of law that usually provide good outcomes. The right way to think about them, IMO, is to understand that there must be a BALANCE between public and private interests. Either extreme leads to bad results.

For example, what value is there in private property rights if there is no state apparatus to protect those rights? But a state apparatus to protect property rights requires a funding method in the form of taxes that dilutes the property owner's "bundle" of rights.

There could never be absolute private ownership of property. Sooner or later Mother Nature always shows up and evicts the arrogant squatters.
:)
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Re: Eminent Domain vs. Surface Rights

Unread postby steam_cannon » Sun 02 Mar 2008, 17:33:43

$this->bbcode_second_pass_quote('smileyhouston', '')$this->bbcode_second_pass_quote('smallpoxgirl', 'P')roperty rights are a joke. Politicians can and will steal anything you own. They may or may not decide to give it to their criminal accomplices in industry and there is not a blessed thing you can do about it. They have a variety of terms for it: taxation, forfeiture, eminent domain, it's all just a bunch of fancy lawyer double talk for thieving.

so what solutions do you suggest?
Very simple, we give power to the people by making everything the peoples!

Image

I'm joking... :lol:

Though that has been one reaction people have had to the wealthy
having too much control over land rights...

$this->bbcode_second_pass_quote('BigTex', 'E')ither extreme leads to bad results.
Yeah, extremes are no good...
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Re: Eminent Domain vs. Surface Rights

Unread postby steam_cannon » Sun 02 Mar 2008, 17:35:14

This is a pretty good topic. For example subsurface rights are a big
issue in Pennsylvania where sometimes people have to do a lot of
research before buying a property. The property under the land might
be owned by a coal company or was owned. They mine out the
coal and your house shifts a foot down on one side or old mines
collapse and you're living in a hole... :roll:

Image

$this->bbcode_second_pass_quote('', '[')img]http://i31.tinypic.com/wu2pl.jpg[/img]

Pumping oil from the Wilmington oil field at Los Angeles harbor has
caused subsidence of the surface and caused these buildings to
sink below sea level.

http://tinyurl.com/2arfnq
To over come subsidence they are injecting water to make up for
displacement. And this has succeeded in slowing and stopping
some subsidence. But subsurface rights are in interesting issue,
particularly in places with large populations like LA.
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Re: Eminent Domain vs. Surface Rights

Unread postby pup55 » Sun 02 Mar 2008, 17:43:42

1. Get on the county commission. Better to be making the rules. Some places, this may not be too difficult.

2. Go someplace so marginally liveable that the government or corporations will not mess with you. Example: The vast expanse between Minot and Glacier Park.

3. Get mobile. In a way, this attachment to some land restricts your mobility. Hit the road and do not look back.

4. Arm and/or organize. In the US, this has been attempted several times thoughout history: In 1775 the colonists tried it, and it was successful, up until now. In 1790, the Whiskey Rebellion was organized, and it was a dismal failure, quashed ironically by the same people that did the revolution in 1775, but by then were in power. In 1835, Sam Houston tried it, and it was marginally successful, except they then decided to merge with the USA so as to take advantage of the "benefits" of being within the system, such as military protection against Mexico. In 1860, the confederates tried it, and it was a long, bloody, dismal failure. In the late 1800's a lot of utopian societies were established, so that like minded people could band together in an intentional community to live in a way that was aligned with their various beliefs and lifestyles. Examples: the Oneida Community, The Amana Colonies, and the City of Zion in northwest Missouri. A lot of these did fine for a long time. The latter one was able to form its own little country briefly, until the benefits of being within the US slightly exceeded the drawbacks.

The recent examples of this have mainly ended tragically. Examples: Ruby Ridge, Waco, the Freedmen. Reason: They did not gain enough critical mass politically, and the continent is now more crowded than before, making it more difficult to get this to happen. There are a few exceptions to this, however.

Link

Link2

The reason that both of these cases worked is that the founders had enough sense to contribute beneficially to the local community, thus avoiding ticking anyone off, had enough resources to make it stick, and attracted enough voters to become politically important in the respective local areas.

Drawback: You are replacing one set of tyrants with another.

The moral of the story: One jerk with a shotgun trying to defend his front porch is going to fail. Many jerks, who can get a couple of seats on the county commission are going to succeed, if not too wacky and the place is conducive to it.
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Re: Eminent Domain vs. Surface Rights

Unread postby smallpoxgirl » Sun 02 Mar 2008, 17:43:43

$this->bbcode_second_pass_quote('smileyhouston', 's')o what solutions do you suggest?


I would suggest we stop acquiescing to being ruled by the criminal elite. Seems few people are interested in doing that, so bitching about it on a computer discussion group is the best solution I've come up with.
"We were standing on the edges
Of a thousand burning bridges
Sifting through the ashes every day
What we thought would never end
Now is nothing more than a memory
The way things were before
I lost my way" - OCMS
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Re: Eminent Domain vs. Surface Rights

Unread postby steam_cannon » Sun 02 Mar 2008, 18:24:08

$this->bbcode_second_pass_quote('smileyhouston', 'S')peaking of food prices, I'm sure that most of you are aware of
ethanol being responsible for that. As the stock feed price goes up
for corn, so does dairy, beef and products within that domain.
I think many people are very aware of the impact ethanol production
is having on the market. But ethanol it's hardly to blame for the
effect it's having on food prices, overpopulation is. The trend
towards shortages due to running down grain stocks has been
building for some time. We have been drawing down grain stocks
like a credit card because we are running into limits to our current
methods of food production.

ImageImage
"World Grain Stocks Fall to 57 Days of Consumption...
...marking the sixth time in the last seven years that production has
failed to satisfy demand.
" (2006)
http://www.energybulletin.net/17261.html

Ethanol price competition is actually probably a good thing because
it is raising food prices "before" more sever world food shortages
sink in. This means for the right price, the biofuels market can be
put back into the food market and prices will help encourage people
to either grow more or cut back. So I think ethanol will have a
softening effect on the already present trend of production
shortfalls in grains.

It's convenient to blame ethanol, but ethanol can't fit in without
raising prices in the rest of the market because there is no more
room to grow crops. So the real problems are, limits to farmable
land, depleted farm land, energy prices, fertilizer shortages,
droughts, persistent droughts and most important too many people
chowing down world grain stocks.

But hey, that's just my take on things...

A few links if you're into this stuff:

Food Depletion Statistics
http://www.peakoil.com/fortopic34381.html

No bread on the shelves
http://www.peakoil.com/fortopic35034.html

The end of cheap food
http://www.peakoil.com/fortopic34634.html
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Re: Eminent Domain vs. Surface Rights

Unread postby steam_cannon » Sun 02 Mar 2008, 18:37:24

$this->bbcode_second_pass_quote('smallpoxgirl', 'I') would suggest we stop acquiescing to being ruled by the criminal
elite. Seems few people are interested in doing that, so bitching
about it on a computer discussion group is the best solution I've come
up with.
:lol:

$this->bbcode_second_pass_quote('pup55', '4'). Arm and/or organize.
Помаранчева революція!

Image
http://en.wikipedia.org/wiki/Orange_Revolution
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Re: Eminent Domain vs. Surface Rights

Unread postby smileyhouston » Sun 02 Mar 2008, 19:29:22

Do you think that the government can meet our demand for oil?
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Re: Eminent Domain vs. Surface Rights

Unread postby BigTex » Sun 02 Mar 2008, 20:14:02

$this->bbcode_second_pass_quote('smileyhouston', 'D')o you think that the government can meet our demand for oil?


No. The oil producers can't either. That's why oil costs so much. That's peak oil.
:)
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Re: Eminent Domain vs. Surface Rights

Unread postby smileyhouston » Sun 02 Mar 2008, 20:44:45

alright, what about depleted reserves that independents should be allowed to drill but for one reason or another they can't, and what about more deep offshore drilling?

Adding alternative fuels... wind, solar and coal emissions....

Thats why I asked eminent domain vs. surface rights? What steps or compromises should we make to meet our demand?

I see answers, but not solutions.... nor action.
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Re: Eminent Domain vs. Surface Rights

Unread postby BigTex » Sun 02 Mar 2008, 21:02:35

$this->bbcode_second_pass_quote('smileyhouston', 'a')lright, what about depleted reserves that independents should be allowed to drill but for one reason or another they can't, and what about more deep offshore drilling?

Adding alternative fuels... wind, solar and coal emissions....

Thats why I asked eminent domain vs. surface rights? What steps or compromises should we make to meet our demand?

I see answers, but not solutions.... nor action.


Take a step back. Ask yourself if more oil is really the answer.

If you max out all of your credit cards, is another credit card the answer?

Think about the assumptions you are making when you think about "alternative fuels".

If you really want to get to the heart of the problems you are raising you're going to have to put a lot more mental shoulder into the task.

Even if you do put the time and effort into obtaining a nuanced understanding of the issues you are raising, you are likely to find that your audience will NOT like what you have to report to them.

If you haven't already, check out Matthew Simmons' website. He has some good presentations that will get you started.

To me, eminent domain and surface rights don't have much to do with the peak oil issue. It's not grouchy property owners that are causing our energy problems.

You're focusing on scraps. Think about why we found ourselves focusing on scraps in the first place. What does harvesting scraps suggest about our situation long-term?
:)
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Re: Eminent Domain vs. Surface Rights

Unread postby smileyhouston » Mon 03 Mar 2008, 01:35:05

Matt Simmons writes for our publication. And with us at peak oil, this raises several issues.

1. What can we do to reduce demand?

2. what can be done to meet demand?

3. What energy resources can we implement to compensate?
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Re: Eminent Domain vs. Surface Rights

Unread postby BigTex » Mon 03 Mar 2008, 01:49:44

$this->bbcode_second_pass_quote('smileyhouston', 'M')att Simmons writes for our publication. And with us at peak oil, this raises several issues.

1. What can we do to reduce demand?


At some point, high prices will help.

$this->bbcode_second_pass_quote('', '2'). what can be done to meet demand?


Near term, keep poking holes in more remote and/or dangerous spots on the earth.

$this->bbcode_second_pass_quote('', '3'). What energy resources can we implement to compensate?


Please read a little more on this topic. Finding a way to meet demand is not a solution to the energy problem, just like finding another crack rock is not the solution to the problem of crack addiction.
:)
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Re: Eminent Domain vs. Surface Rights

Unread postby HEADER_RACK » Mon 03 Mar 2008, 02:05:23

Smilely I suggest reading the Hirsch report.
Check out Jevons paradox as well.
We have put ourselves in one hell of a fix and we are about to find out how unsustainable it truly is.
Nothing is more dangerous than a man with nothing left to lose but has everything left to gain.
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Re: Eminent Domain vs. Surface Rights

Unread postby smileyhouston » Mon 03 Mar 2008, 03:25:59

big tex... you justImage


So back to the subject, eminent domain vs. surface rights... who plays the devil advocate in this one?
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Re: Eminent Domain vs. Surface Rights

Unread postby steam_cannon » Mon 03 Mar 2008, 11:32:17

$this->bbcode_second_pass_quote('smileyhouston', 'S')o back to the subject, eminent domain vs. surface rights...
who plays the devil advocate in this one?
Hehehe, this sites a funny one. Most times the devil shows up in person...

Image
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Re: Eminent Domain vs. Surface Rights

Unread postby BigTex » Mon 03 Mar 2008, 12:21:20

Which part of NON-NEGOTIABLE did you not understand?

Image
:)
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