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West Bypass takings show loss of our rights

Concerning the unending debate over the West Fayetteville Bypass and its many tentacles: The founders never intended this kind of abuse when they wrote the 5th Amendment, which in part says, “nor shall private property be taken for public use, without just compensation.”

You simply cannot reason that building luxury condos (or useless roads) is a public use with a straight face.

Public use is generally defined as a use that benefits the public not specific individuals.

In recent years, local, Board of Education and state officials have argued that a use that delivers more tax dollars to the government constitutes public use. If that’s the case, do we really have private property rights at all anymore?

Michael Meyer

Fayetteville, Ga.



BHH's picture

"In recent years, local, Board of Education and state officials have argued that a use that delivers more tax dollars to the government constitutes public use."

That it is their job to generate more revenue or tax dollars is a fallacy of government.

I contend that their job should be to reduce the need for revenue and therefore reduce taxes.

And the key to that 5th amendment premise is "just compensation".

Why will the government increase revenue by any means possible and fight against "just compensation" also by any means possible?

If we were only taxed the exact dollar amounts to be used for specific needs and well defined purposes then we would be duly served. But our current methods of taxation work in the opposite way by giving government a percentage of everything and then letting them spend it as they like.


The more I think about your statements above, the more I am having a hard time deciding how to comment on it.

I will start by saying that we are a representative form of government. It is simply impossible for the general public to vote on every expenditure. We must elect those who will do the best job for us. If they do not then we should not vote for them again.

Now, what causes the congress to demand every year that more and more dollars be made available to spend is you and I. We elected our representive to provide certain things for us an they do! The only trouble is that every other representative does the same thing.

Can you imagine what a mess we would have if every one got to submit for a vote what they wanted?

Now, as to road building that is primarily done with gasoline taxes and can only be spent for roads and associated costs.
It is a good thing it is done that way or NO roads would ever get built and we would still be driving on wagon ruts and gravels, maybe gravels.

Not one mile of Interstate highways would ever have been built if we didn't have this procedure--Georgia would never agree with Florida, for example, asto where to join roads!

Rightofways have been paid for or given by the government from government land since inception.
If not we would not have had any rail lines either.

Land taken should be paid for as to it's appraised value or the damage done
to it's value.
Paying off mortgages owed by the owner is not the government's problem. The bank wants their money from the owner.

Again, hundreds of people can not be allowed to decide if a road is needed and the property value.

This sort of thing has to be gone through every time for two hundred years or more!

BHH's picture

decide to comment on my statements let me know. I'll be monitoring.

I'm not sure who you were commenting on by what you said here but I'll comment on this.

"It is simply impossible for the general public to vote on every expenditure."

This may have been the case for a long time now but in this age of computers and the internet it is very possible. So that argument won't hold water any more.


suggarfoot's picture

We have people who are cashing in. They don't care what you think, they want, and are gonna get the money. The problem is they are not financing their dreams. We are bankrolling them. 1st we built the multi million dollars schoolSSSS that sit empty or near empty. Now we are paying for roads to open up the empty cow pastures the developers own.

Because of the apathy of the average taxpayer, they are robbing you blind!

This will keep on going unless the public wakes up. These guys know they are stealing..they just don't think the taxpayers have the balls or the intelligence to call their hand.

Someone has to complain formally about a specific law broken before any official will take action. Seems to be the case in Fayette County.

I have no idea who is taking advantage of who in this situation, but if there is no law breaking there then what is the point?

Precisely what is the problem?

Just to say an "unneeded road" is being built to make the land on that road more valuable, makes little sense. If that happens to be true however then the current other owners seem to want what ever profits any other landowner on the road may eventually get for developing it!

I don't think the law for taking of land would allow such payment.

To make the profit of a developer one must invest in land early and then spend more money to put in side roads, water, sewer connections, and build houses or commercial ventures. Or, sell it then.

There is room for law suits there but only if the land is taken, and the road turns out to be not needed.

Maybe another case of being out-smarted or out-moneyed. Don't know.

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