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Property seizure: When is it appropriate, if at all?

Posted by on Apr. 23, 2011 at 10:49 AM
  • 8 Replies

Today property can be siezed for eminent domain, for tax evasion, drug charges, dui, allowing an unlicensed driver to operate your vehicle and healthcare fraud.

In cases of fraud and theft and even tax evasion I can see justice done in seizures however in many cases the property seized can be needed by others or even belongs to an innocent party and was used against their will.  Is this just?

How far you go in life depends on your being: tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of both the weak and strong.  Because someday in life you would have been one or all of these.  GeorgeWashingtonCarver


    

                                             

                    


by on Apr. 23, 2011 at 10:49 AM
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Replies (1-8):
GOBryan
by Silver Member on Apr. 23, 2011 at 11:02 AM

I'm not understanding the question. If they take it, then there's a judgement and they are considered guilty.

romalove
by Roma on Apr. 23, 2011 at 11:06 AM

You are mixing properties.  Taking someone's car because they used it to sell drugs or had one too many DUI's is one thing; taking someone's house for those reasons is another.  Eminent domain isn't used to remove personal property but real estate.  The question on eminent domain becomes one of exactly how far do you want the government to reach with eminent domain cases?  Your house stands in the way of the new superhighway is one thing.  Your house stands in the way of the city you live in selling a piece of property for a shopping mall is quite another.

GOBryan
by Silver Member on Apr. 23, 2011 at 11:11 AM

 You're absolutely right about Eminent Domain. It has nothing to do with being guilty for anything. It has to do that the house is in the way of "progress" and the state wants it for a purpose, so they will pay market value to the Owner and make him move. There's really no say.

That happened with several houses in my city because they wanted to expand the street, so they took possession by eminent domain and then knocked the houses down to expand.

Quoting romalove:

You are mixing properties.  Taking someone's car because they used it to sell drugs or had one too many DUI's is one thing; taking someone's house for those reasons is another.  Eminent domain isn't used to remove personal property but real estate.  The question on eminent domain becomes one of exactly how far do you want the government to reach with eminent domain cases?  Your house stands in the way of the new superhighway is one thing.  Your house stands in the way of the city you live in selling a piece of property for a shopping mall is quite another.

 

survivorinohio
by René on Apr. 23, 2011 at 11:11 AM


Quoting GOBryan:

I'm not understanding the question. If they take it, then there's a judgement and they are considered guilty.

Ok an example.  Lets say that 2 teen boys choose to sell heroin out of grandmas house.  Grandma is a trusting soul and is pleased her grandsons have so many friends, never suspects what is really happening.  Raid happens and property is seized.

Fair to grandma?

Another scenario:

Person A borrows car from person B and rather that sticking to the agreement decides to hit the bar.  There is an arrest for DUI and seizure of the car.  I saw this happen to an older man in my municipal court.  A young woman borrowed his car and got it seized.  In reality she was responsible for her decisions not the owner of the car.

Another scenario I had experience with as a young adult.  Husband is abusive and woman is peowerless to keep her keys.  Husband gets DUI and wife loses her transportation.  If you report that your spouse has stolen your car it is not investigated.

How far you go in life depends on your being: tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of both the weak and strong.  Because someday in life you would have been one or all of these.  GeorgeWashingtonCarver


    

                                             

                    


survivorinohio
by René on Apr. 23, 2011 at 11:13 AM


Quoting GOBryan:

 You're absolutely right about Eminent Domain. It has nothing to do with being guilty for anything. It has to do that the house is in the way of "progress" and the state wants it for a purpose, so they will pay market value to the Owner and make him move. There's really no say.

That happened with several houses in my city because they wanted to expand the street, so they took possession by eminent domain and then knocked the houses down to expand.

Quoting romalove:

You are mixing properties.  Taking someone's car because they used it to sell drugs or had one too many DUI's is one thing; taking someone's house for those reasons is another.  Eminent domain isn't used to remove personal property but real estate.  The question on eminent domain becomes one of exactly how far do you want the government to reach with eminent domain cases?  Your house stands in the way of the new superhighway is one thing.  Your house stands in the way of the city you live in selling a piece of property for a shopping mall is quite another.

 

It has happened with whole neighborhoods to make way for the University here.

How far you go in life depends on your being: tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of both the weak and strong.  Because someday in life you would have been one or all of these.  GeorgeWashingtonCarver


    

                                             

                    


GOBryan
by Silver Member on Apr. 23, 2011 at 11:15 AM

 

Quoting survivorinohio:


Quoting GOBryan:

I'm not understanding the question. If they take it, then there's a judgement and they are considered guilty.

Ok an example.  Lets say that 2 teen boys choose to sell heroin out of grandmas house.  Grandma is a trusting soul and is pleased her grandsons have so many friends, never suspects what is really happening.  Raid happens and property is seized.

Fair to grandma?

Another scenario:

Person A borrows car from person B and rather that sticking to the agreement decides to hit the bar.  There is an arrest for DUI and seizure of the car.  I saw this happen to an older man in my municipal court.  A young woman borrowed his car and got it seized.  In reality she was responsible for her decisions not the owner of the car.

Another scenario I had experience with as a young adult.  Husband is abusive and woman is peowerless to keep her keys.  Husband gets DUI and wife loses her transportation.  If you report that your spouse has stolen your car it is not investigated.

 The reality is that one has to control their environment. It's no different than if you were driving down the highway and you blew a tire, causing an accident. You are charged with "losing control" but it wasn't intentional.

I'm sure certain things can be disputed in court so that the innocent party can stake her claim and prove her innocense of any knowledge of wrong doing. 

survivorinohio
by René on Apr. 23, 2011 at 11:17 AM

The problem with eminent domain from my experience is that people stand to lose a lot of their investment as our city will give very little for properties it swallows.

I have actually served on a jury in one of these cases.  The city was offering peanuts.

How far you go in life depends on your being: tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of both the weak and strong.  Because someday in life you would have been one or all of these.  GeorgeWashingtonCarver


    

                                             

                    


survivorinohio
by René on Apr. 23, 2011 at 11:20 AM


Quoting GOBryan:

 

Quoting survivorinohio:


Quoting GOBryan:

I'm not understanding the question. If they take it, then there's a judgement and they are considered guilty.

Ok an example.  Lets say that 2 teen boys choose to sell heroin out of grandmas house.  Grandma is a trusting soul and is pleased her grandsons have so many friends, never suspects what is really happening.  Raid happens and property is seized.

Fair to grandma?

Another scenario:

Person A borrows car from person B and rather that sticking to the agreement decides to hit the bar.  There is an arrest for DUI and seizure of the car.  I saw this happen to an older man in my municipal court.  A young woman borrowed his car and got it seized.  In reality she was responsible for her decisions not the owner of the car.

Another scenario I had experience with as a young adult.  Husband is abusive and woman is peowerless to keep her keys.  Husband gets DUI and wife loses her transportation.  If you report that your spouse has stolen your car it is not investigated.

 The reality is that one has to control their environment. It's no different than if you were driving down the highway and you blew a tire, causing an accident. You are charged with "losing control" but it wasn't intentional.

I'm sure certain things can be disputed in court so that the innocent party can stake her claim and prove her innocense of any knowledge of wrong doing. 

The reality is that many people feel powerless and will not take it to the next level.  Unless you hire a lawyer and file court proceedings you will lose your property.

So lets say a couple is selling some pot and they grow a few plants, should they stand to lose their house for what they have done?

I say no.



How far you go in life depends on your being: tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of both the weak and strong.  Because someday in life you would have been one or all of these.  GeorgeWashingtonCarver


    

                                             

                    


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