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    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
    Supreme Court Petition No 10-1275
    California Supreme Court Petition: S173448 – Denied Without Opinion
    Ebook series3 titles

    Eminent Domain Cases Series

    By James Constant

    5/5

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    About this series

    A patent claim filed in court is not decided under the “supreme law” of the land (Article I Section 8 of the Constitution) but under color of the huge and onerous Patent Law. Once an eminent domain case is filed in court it is not decided under the “supreme” law lof the land (5th Amendment) but under color of the huge and onerous Eminent Domain Law. Judges have been converted becoming the commissars and gauleiters of government and its agents, for taking property without compensation. Recently, in a 5 to 4 decision, the U. S. Supreme Court in Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___, 139 S. Ct. 2162 (2019) held that a government violates the Takings Clause the moment it takes property without compensation, and a property owner may assert a Fifth Amendment claim under 42 U.S.C. § 1983 at that time, without pursuing a state-law remedy first. The intended, or unintended, effect of the Knick decision is to replace eminent domain law by the Takings Clause (Amendment V). Who knows, constitutional principles now matter.

    LanguageEnglish
    PublisherJames Constant
    Release dateJul 10, 2013
    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
    Supreme Court Petition No 10-1275
    California Supreme Court Petition: S173448 – Denied Without Opinion

    Titles in the series (3)

    • 5

      California Supreme Court Petition: S173448 – Denied Without Opinion
      California Supreme Court Petition: S173448 – Denied Without Opinion

      California Supreme Court Petition: S173448 – Denied Without Opinion

      James Constant
      4/5 - 1 rating
      4/5 - 1 rating

      California Supreme Court Petition – S173448 – Eminent Domain Case Denied Without Opinion. Case covers issues of just compensation, State laws and practice, date of value, judgment notwithstanding jury verdict, right to take, and validity of laws and practice.

      California Supreme Court Petition – S173448 – Eminent Domain Case Denied Without Opinion. Case covers issues of just compensation, State laws and practice, date of value, judgment notwithstanding jury verdict, right to take, and validity of laws and practice.

    • 9

      Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
      Supreme Court Eminent Domain Case 09-381 Denied Without Opinion

      Supreme Court Eminent Domain Case 09-381 Denied Without Opinion

      James Constant
      0 ratings
      0 ratings

      1. The Fifth Amendment requires (1)that valuation and payment, with adjustments for rapid increases in property values and delays in payment, are made before taking of private property by government and (2)that owners cannot have property taken without the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Pursuant to its quick action laws, the State of California (1)condemned private property without making valuation, payment and adjustments before taking private property and (2)condemned private property without affording owners the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. 2. The Fourteenth Amendment requires a valid policy reason for the disparity between the State and private owner litigants. California's quick action laws allow immediate possession of private property by the State and protracted litigation burden for the property owner. 3. California's quick action laws deprive property owners of their 5th Amendment rights for due process and just compensation and 14th Amendment right for equal treatment?

      1. The Fifth Amendment requires (1)that valuation and payment, with adjustments for rapid increases in property values and delays in payment, are made before taking of private property by government and (2)that owners cannot have property taken without the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Pursuant to its quick action laws, the State of California (1)condemned private property without making valuation, payment and adjustments before taking private property and (2)condemned private property without affording owners the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. 2. The Fourteenth Amendment requires a valid policy reason for the disparity between the State and private owner litigants. California's quick action laws allow immediate possession of private property by the State and protracted litigation burden for the property owner. 3. California's quick action laws deprive property owners of their 5th Amendment rights for due process and just compensation and 14th Amendment right for equal treatment?

    • 10

      Supreme Court Petition No 10-1275
      Supreme Court Petition No 10-1275

      Supreme Court Petition No 10-1275

      James Constant
      0 ratings
      0 ratings

      The petitioner asked the Supreme Court two important questions: 1. On his petition to the California Supreme Court: is the petitioner entitled to a written and published opinion under his 1st Amendment right to petition, 5th Amendment right for due process and 14th Amendment right for equal treatment? 2. On his motion to void the trial court's judgment for lack of fundamental jurisdiction, did the California Appeal Court have discretion to avoid and not hear and decide the motion without a written and published opinion?

      The petitioner asked the Supreme Court two important questions: 1. On his petition to the California Supreme Court: is the petitioner entitled to a written and published opinion under his 1st Amendment right to petition, 5th Amendment right for due process and 14th Amendment right for equal treatment? 2. On his motion to void the trial court's judgment for lack of fundamental jurisdiction, did the California Appeal Court have discretion to avoid and not hear and decide the motion without a written and published opinion?

    Author

    James Constant

    writes on law, government, mathematics and science, as they are and as they should be

    Read more from James Constant

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    • 5/5
      Shocking & rage inducing, the tyrannical narcissists paid exorbitant salaries curtesy of the over taxing of the people to uphold, adjudicate, administer and honour without bias, prejudice or agenda the constitutional laws & rights of all citizens are the biggest criminals of all.