June 24, 2005

Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;nor shall private property be taken for public use, without just compensation.


I learned an important lesson as a kid when I paid a very hard earned five dollars for a baseball card. My mother was furious. I patiently explained to her that the book said the card was worth fifteen dollars, so I got a bargin. As she pointed out, the card was only worth $15 if someone was willing to pay that much. In my professionsal carreer I have found that axiom remains true. Value is only what one party places on an item.

According to tax assessors or appraisors my house is "worth" a certain value. I may believe it is worth twice as much. To pay me less than I value the property is taking without just compensation.

To take your house and property to give it to another private citizen, is beyond my understanding. The Amendment clearly states FOR PUBLIC USE. I believe this is roads, parks, courthouses, and such, and then only if no other economically feasable option exists to taking private property.

I am in shock. I do not have the energy to rant, to gnash my teeth in anger. This has to stop. I have yet to find a person who thinks this is a good idea --liberal or conservative. Maybe someone can explain the upside to this dumb old Hoosier. Sam Adams, Tom Jefferson, Patrick Henry, Tom Paine -- where are you?


I fear for my country.

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