Advice on eminent domain

Hi folks,
I received a call from a county agent where my land is located. There is a bridge on the west side of the property that needs to be updated. It is on a very lightly traveled road. I was told that they need a 40' by 40' piece of property to facilitate the repair of this bridge. He also said they would not be able to enter my property after this repair is done for one year.
I asked him what would happen if I refused to let them use my land, more than anything just to see what he would say. I have no qualms about improving the area. He said they would use eminent domain and the property would then be theirs.
This is confusing to me. I thought that I was protected under the fifth ammendment; land bought privately is land owned, period. After reading up on eminent domain, it seems the "powers that be" have found another way to screw the common man.
Should they have to pay me for the use of my land? If they can come back in a year, can they take more land?
Any thoughts or info would be greatly appreciated.
Shanara

Comments

Advice on eminent domain

Greetings to all ...........I'm very glad to have found this forum also. We're starting the planning process for our log home and hope to gain much insight from this groups members.

I can say that Greg's post was very informative and from what I've read his analysis is right on the money as far as our relationship as living breathing souls vs. artificial entities as city of___ , county of ____, etc.
Since an artificial entity cannot have dominion over a living one, there has been a carefully crafted system to keeps us all very ignorant of the fact that when a John Doe receives mail as JOHN DOE we don't realize that the info is addressed to the corporate (artificial person) yet we answer it, thinking it's intended for us.

One important factor to know is that our whole system is based on "contracts"and they can be in various formats such as letters or notices from the city, county, etc. From my studies I know it's very important to stay "in honor" when deciding how to handle a notice rec'd in the mail.........I never throw something away and not answer because that is a "dishonor" and helps to create the conflict the attorneys are looking for to start an action against you.

No, since I know it's an offer of contract I try to stay in honor by returning the document to the sender within 3 days by REGISTERED mail (REG. Z) and I write across it in red at a 45 degree angle with: date rec'd (Jan 12, 2007) and date returned (Jan 14, 2007) with the following statement.......I do not wish to contract with you, therefore I reject without dishonor your offer of contract and your private, administrative law. We have no debtor-creditor relationship. I hereby accept your oath of office and I demand you protect my inalienable rights.

All Rights Reserved

By: ______________

The reason I wanted to bring this up is that I'm firmly convinced that many local officials are being used to continually either extract more $ from us all as well as exert as much control over our private lives as possible. They do it by using "color of law" instruments like codes, rules, regulations etc. to do so.........think about it, most local cities are now "incorporated" and create codes for any number of things.....this is no different than if IBM were to send you a letter saying you have to abide by their codes and rules......it would be ridiculous.

I just wanted to share this info and even though it's not "legal advice" it can't be stressed enough that we Americans who just "want to be left alone" have to understand certain legal principles in order to stand up against a system bent on destroying our sovereignty and God given constitutional rights with: the "North American Union", unrestrained illegal immigration which may well help create the new "Aztlan", the Patriot Act, etc.

God bless America

Am1

Advice on eminent domain

Welcome Greg,

I don't know if you've read some of the articles on the site, but Skip does cover this aspect of law pretty well.

I think we can thank some misguided English political philosophers for this: property defines individual freedom---the abundance of it or the lack thereof. In the end, it is property and the title/entitlements to it which makes the man. Hence, property has more intrinsic rights and worth than the man.

If a man cannot "own" the property outright, he can't possibly have supreme rights to it.

-A

Advice on eminent domain

Greetings group, I happen to have alot of experience with eminent domain as we obtain salvage rights to structures and dwellings after the fact. Though no one has posted to this topic in a while, I will take the time to explain how and why it works in hopes that it will be of a benefit to someone, but know that I do not give nor sell "legal" advice, and let each man be responsible for his own duties of due deligence, and the actions or lack thereof that may insue as a result there from.
This may be a little long, but I promise it will be worth it.
OK, you have to start with how did you acquire the land? Likely you "bought" it, so there lies the first jurisdictional quadrant. It was entered into commerce and hence bound by the rules of the same (UCC / Uniform Commercial Code). But the law(s) of commerce we use are predicated upon fictions, or color of law, ie corporations are treated as real when in reality they are but the imaginations of men manifested on paper. Their tangible assets may be real, the people who work for them real, but the corporation its self is but the ideas of men on paper, and if sat in the middle of the room by its self could do nothing...because it's a fiction.
Fictions cannot interact with real things, I wont be able to explain everything or I'll never get through all this so just suffice to say they cant. Now you have a real thing "land" and want to enter it into a fiction...in comes "TITLES & DEEDS" again, the things of mens minds on paper. So you offer Federal Reserve Notes (here in after FRN's) as payment to acquire "legal title". In using FRN's you just gave them (U.S., STATE of WHEREVER, COUNTY OF XXXX) a higher legal standing in the property than you'll likely ever have and here's why. First off the Federal Reserve is no more of a governmental entity than is Federal Express. It's a #63 Corporation domiciled in Puerto Rico and is owned by the shareholders of the twelve subsidiary banks which are owned by the IMF (International Monetary Fund). The IMF is privately held. The U.S. issues T-Bonds as collateral to bring the FRN's into existence, so hence...they are borrowed into existence. The same being irrefutably true, then the FRN's you just used to "buy" something are actually notes of debt. How can you satisfy an obligation to pay with a note of debt? You can't! What actually just happened was that you discharged your debt into a National Bancruptcy that has been running since 1917, with the FRN's being instruments for the same since 1933 with the Gold and Silver repeal. So you never actually paid for anything, you disharged your obligation to pay. In reciprocation for not having to "pay" your obligations the U.S. and it's subsidiaries wants the real ownership of the land to hold in allodium. What you get is a "Legal Title" or "DEED" but not even actually that. Check your "name" on the deed. Are you listed as a Tenant? Now look up the legal definition of Tenant and see if that correlates to how you viewed your relationship to the land. Well they even went one farther to remove you from remotely gaining a higher standing in the ownership. Take a look at that name again. Notice anything peculiar? How about that it's spelled in all capital letters. Think it's a fluke? If so check your license, bank accounts, or anything else pertaining to commerce. Seeing a pattern here? The law is very specific about terminology, all capital letters is used to denote fictions and in admiralty a wartime name for the enemy. I'll cut to the chase, it's not you! The all capital letters name that looks like yours and sounds like yours is a vessel in commerce. It's an asset of a Trust, the Trust being evidenced by your S.S. #. The STATE is the beneficiary of the Trust and you are the surety, which is how they gain jurisdictional standing to tell you how you can or can't use the land. Because they actually own it and you've merely been intrusted with its use in accord with how they wish for their property to be handled.
Now they're not done yet. They go one step further in insuring you have been given ample time to object to them taking ownership of the land. Remeber registering it? The legal definition of "registration" is the transfer of ownership from one entity to another on the record. You voluntarily registered/transfered the ownership away from yourself. And there you have it, these are the things the Judges are taking silent notice of, and your "lawyer" will never tell you about when you try to fight eminent domain. Speaking of "lawyers" did you know the BAR association they have pledged their allegence to stands for British Accredidation Regency? The American BAR Association is a subsidiary of it's parent organization, kinda like having a McDonalds in China, it's still McDonalds.

When the truth is stranger than fiction, and 99% of people believe the lie. He who knows the truth can only be left to redicule and outcast until the truth has gone through it's three stages, as all truths must.

Be blessed, I am Greg.

P.S. I welcome discussions and will answer any questions I can. My e-mail is

Re: Links

"GrafikFeat" wrote:
Worked for me... I'm trying another new browser too... "SunriseBrowser"... Neat browser... Beats MicroLimps IE junk...

Its working for me now, I think the internet had a hicup in East Texas :)

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GrafikFeat's picture

Worked for me... I'm trying another new browser too... "SunriseBrowser"... Neat browser... Beats MicroLimps IE junk...

Advice on eminent domain

I get a "seattletimes.nwsource.com cannot be found" pop up when I try this link :(

Advice on eminent domain

NordicPrincess's picture

Thanks Basil,
I received a package with all the detailed info, plus maps of exactly where the work would be done and how it would be done. That helped a lot. Also they will replant the trees that need to be removed, reseed everything ,etc. So I am pleased with the outcome. They will also compensate me $200., so all is satisfactory.
Shanara

Advice on eminent domain

"nor shall private property be taken for public use, WITHOUT JUST COMPENSATION"

They would have to pay you something to keep the land, but for a construction easement, which is temporary, they would simply look at the specific tract of land and what that tract would cost to rent for the period that they will need. It wouldn't be much.

If you don't have anything against them doing this, it would be hard to fight the system just on the principle that you don't feel right about it. Eminent domain is a powerful tool, partly because it has been around so long and is accounted for in the constitution.

You must choose your battles carefully, grasshopper...