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VA Property Owners Win Eminent Domain, Freedom of Speech Cases

in Liberator Online, News You Can Use, Property Rights by Alice Salles Comments are off

VA Property Owners Win Eminent Domain, Freedom of Speech Cases

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

fight between a Virginia public university and a private radio station has ignited an impromptu debate on eminent domain abuse. And while eminent domain laws and their consequences are seldom discussed by the mainstream media, people start to pay attention when both private property and freedom of speech are threatened.

Recently, a Virginia court sided with property owners who had been threatened with eminent domain laws in Norfolk, VA.

Eminent Domain

A local radio station known as Central Radio Company was targeted by the city in what appears to be an effort to expand Old Dominion (ODU), a public university. But the radio station wasn’t the only business on the hit list. A privately-owned apartment building was also under threat.

It all started in 1998, when the Norfolk City Council approved the Hampton Boulevard Redevelopment Project, which gave ODU the legal means to expand eastward. Up until when the plan was approved, the area was a mix of commercial and industrial properties, but it also counted with a few privately owned student apartments. But since the land wasn’t being used for educational purposes only, ODU pushed local housing authorities to resort to eminent domain laws.

At the time, Virginia’s law allowed authorities to take properties away from its rightful owners for economic development purposes as long as most targeted properties had been deemed condemned due to decay. Since then, local housing authorities acquired more than 160 properties, which were all turned over to the university’s real estate foundation. The spot is now home to ODU’s Ted Constant Convocation Center, a research park, and a cluster of apartment buildings and businesses for students.

But as the university moved to push Central Radio Company and two other companies out of their land, they fought back.

In 2011, PKO Ventures, the owner of apartment buildings under threat, Central Radio, and Norva Plastics took the battle against the university to a Circuit Court, but the effort was unsuccessful.

In June, PKO appealed the decision to the state Supreme Court. The company argued that recent changes to the state eminent domain law prohibited ODU from pushing property owners out of the area.

In 2007, the General Assembly adopted changes to the state law that limited the authority’s use of eminent domain. After the changes, local authorities were prohibited from taking land for economic development.

But the changes also affected how authorities were expected to target properties that had been condemned for blight, making the condemnation of entire areas illegal. Only specific properties were allowed to be taken, and only if they had been deemed condemned over decay. While the changes were adopted in July of 2007, the assembly added a provision that allowed agencies in the middle of projects to continue to acquire land. The provision had an expiration date: July 2010.

While the housing authority argued that resorting to eminent domain against PKO and others was legal because proceedings started prior to the deadline, landowners claimed their plots hadn’t been formally acquired until later.

As this legal fight continued, another one had just started to brew.

Central Radio had had a large sign placed on the side of its building promoting its opposition to eminent domain abuse. In light of the ongoing legal battle, the city eventually decided to go after Central Radio by claiming that the company was in violation of city advertising statuses.

A second lawsuit was filed by the radio company, arguing that the city’s claims hoped to undermine the company’s First Amendment rights. The 4th Circuit Appeals Court first sided with the city, but once Central Radio petitioned the case to the Supreme Court, the 4th Circuit Appeals Court was forced to take the case back.

Before booting the case back to the appeals court, the Supreme Court ordered it to take Reed v. Town of Gilbert into account. The Supreme Court had recently ruled in favor of the private party in the case, reaffirming that government entities have no right to impose content-based restrictions on speech.

The appeals court finally sided with Norfolk’s Central Radio.

With both of these decisions, the region’s property owners have finally won their long battle against eminent domain abuse in the region, while also fighting for freedom of speech.

 

Chicago Police ‘Intentionally Destroying’ Police Car Dashcams, Microphones

in Criminal Justice, First Amendment, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

Chicago Police ‘Intentionally Destroying’ Police Car Dashcams, Microphones

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Chicago is notorious for gun-related violence. With some of the toughest anti-gun rights on its books, the city struggles to keep its residents safe. With pro gun control advocates making the case that the town’s gun-related violence is due to the fact most people purchase their guns illegally, it’s hard not to see how enacting more restrictive laws won’t make a difference.

But gun violence alone is not the only issue in Chicago.

Chicago

According to Washington Post’s Radley Balko, corruption among Chicago Police Department officers continues to expose countless of innocent residents to unconstitutional abuses.

DNA Info Chicago reviewed over 1,800 police maintenance logs of the city’s many police cars to learn why 80 percent of the footage captured by squad car dashboard cameras in the city is often silent.

Last month, Chicago officials blamed the absence of audio on two factors, error and “intentional destruction.” With the help of the maintenance records, researchers found that, in many cases, officers pulled out batteries of their microphones, stashed full microphones in their glove boxes, and even destroyed microphone antennas. Microphones have also disappeared in several occasions.

But the research team also wanted to discover why footage of a particular 2014 incident involving a Chicago officer and a teenager did not contain any audio. What DNA Info learned is nothing short of horrifying.

On October 20, 2014, 17-year-old Laquan McDonald was killed by officer Jason Van Dyke. The encounter’s footage was widely shared online. But while the video went viral, none of the patrol cars’ cameras present at the scene were able to capture any audio.

The dashcam attached to the patrol car used by Van Dyke had been sent to repair at least twice prior to the killing. According to DNA Info, police technicians reported on June 17, 2014 that a dashcam wiring issue had been fixed three months after the camera had been brought in for repair. But just one day later, the same dashcam was sent back to technicians.

According to the records obtained by DNA Info, technicians claimed that the issues presented the second time were due to “intentional damage.”

Twelve days after the camera came back from the technician’s desk, McDonald was killed.

Van Dyke’s patrol car camera did not register any audio of the incident. The video that went viral was recorded by another patrol car.

As the nation debates criminal justice reform, incidents like the one involving McDonald and officer Van Dyke should be part of the discussion.

Overcriminalization is a real issue. To Tim Lynch, the director of the Cato Institute’s Project on Criminal Justice, “too many officer-involved shootings receive little scrutiny.” Setting emotions aside and bringing these issues to light may give the public a better idea of what the solution is. But simply standing idly by as law enforcement, state officials, and lawmakers push for more laws, more restrictions, and more penalties won’t do.

Regulations Inhibit Growth, Time to Take The Negative Consequences Seriously

in Business and Economy, Economic Liberty, Liberator Online, News You Can Use by Alice Salles Comments are off

Regulations Inhibit Growth, Time to Take The Negative Consequences Seriously

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Regulations are good, some say. They keep evil elements from hurting consumers. But are regulations doing more harm than good?

By definition, regulations are laws that seek to produce pre-designed outcomes. The way they operate is by changing individuals’ behavior. As federal regulations grow, the number of restrictions on individual consumers and businesses also grow. Over time, the increased number of restrictions may completely close the paths to innovation. Who suffers? Both the consumer and the job seeker.

Regulations

According to a 2013 study, the American regulatory system is so crowded and chaotic that economic growth has slowed by about 2 percent per year between 1949 and 2005. While that doesn’t sound as bad as you might have expected, the real impact of the US regulatory system is hard to assess given the lack of a working process that helps to review regulations and weed out what’s obsolete and harmful. Without a system that helps us identify the issues with the regulations put in place, there’s no way to determine how bad these regulations really are.

While it’s hard to assess the cost of regulation now, earlier studies have at least been able to find that the American regulatory environment has been very bad for growth and very good in stifling innovation and keeping entrepreneurs from sprouting from sea to shining sea.

Despite several administrations’ efforts to modify or cut regulations that simply don’t work, all attempts were in vain.

In order to achieve success, future administrations should not take part in the same failed attempts. According to research carried out by the Mercatus Center, the US government should embrace a series of government reforms in order to remove obstacles to economic growth in America instead.

Based on the success of the Dutch Administrative Burden Reduction Programme and the Base Realignment and Closure Commission’s efforts, the Mercatus team concluded that the American government should begin by promoting an independent review of the regulatory system in place so the burden is assessed promptly and effectively.

But the key to success in this case is true independence.

An independent look into what’s stifling innovation must not be effected by crony influences, since once the influence of particular groups or stakeholders are taken into account, review teams will have a hard time assessing what works and doesn’t. Instead, those tasked with the chore of reviewing regulations should simply focus on how effective regulations have been since they were implemented.

While other steps should also be taken if the US government is serious about trimming the burden of regulations, guaranteed independence in the review process is the most important aspect of successful reforms. If future administrations are serious about growing the economy and helping America prosper, they should prioritize this type of reform. Why? Because removing roadblocks promote the growth of businesses, giving Americans the jobs they so desperately need to live their own version of the American dream.

Burger King: “Bye” to U.S. High Taxes

in Liberator Online by James W. Harris Comments are off

Burger King(From the Intellectual Ammunition section in Volume 19, No. 14 of the Liberator Online. Subscribe here!)

This popular meme floating around the web pretty much says it all:

Statists: If you don’t like the laws, then leave!

Burger King: K, bye.

Statists: OMG NO, YOU CAN’T DO THAT, YOU UN-AMERICAN, TRAITOR, GREEDY PEOPLE! WE WANT TO STEAL MORE FROM YOU!

Read the next article from this issue here.

Go back to the full issue here.

Marijuana Shockers Propel New Re-Legalization Effort

in Communicating Liberty, Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 11 of the Liberator Online. Subscribe here!)

“The Uncovery” is a new online program by the American Civil Liberties Union designed to facilitate mass online activism in support of marijuana re-legalization.

The UncoveryThe Uncovery website lets users select facts about the failures of marijuana prohibition, both national and state by state, and convert these facts into customized graphic messages they can share on social media and send to legislators — all in sixty seconds or less.

Among the sobering facts offered by The Uncovery:

  • Police in the U.S. make a marijuana arrest every 37 seconds.
  • Police made over 8 million marijuana arrests total nationwide between 2001 and 2010.
  • 88% of all marijuana arrests are for marijuana possession.
  • States spent an estimated $496 million incarcerating people for marijuana possession in 2010.
  • States spent an estimated $1.4 billion adjudicating marijuana possession cases in 2010.
  • States spent an estimated $3.6 billion enforcing marijuana laws in 2010.
  • States spent over $1.7 billion on police enforcement of marijuana laws in 2010.
  • In 2010, police made 889,133 marijuana arrests — 300,000 more arrests than they made for all violent crimes.
  • Between 2002 and 2011, the government spent billions enforcing marijuana laws. In that time, marijuana use increased from 6.2% to 7%.
  • 9 out of 10 U.S. adults believe people who possess or use small amounts of marijuana should not face jail time.
  • 52% of Americans support legalizing marijuana.
  • Since legalizing marijuana in 2012, Washington State projects it will raise more than $500 million in marijuana-related revenues annually.
  • More than 42% of all Americans report having tried marijuana in their lifetime.
  • The world’s largest jailer, the U.S. has only 5% of the world’s population, but 25% of the world’s prison population.
  • Black people and white people use marijuana at similar rates, but Blacks are 3.73 times more likely to be arrested for marijuana possession.
  • In New York and Texas in 2010, 97% of all marijuana arrests were for possession.
  • 62% of all marijuana arrests in 2010 were of people 24 years old or younger.
  • Between 1995 and 2010, police increased the number of marijuana arrests they made nationwide by 51%.
  • 52% of all drug arrests in 2010 were for marijuana.
  • If current trends continue, the government will spend almost $20 billion enforcing marijuana laws in the next five years.

Learn more at TheUncovery.org