Comment: No legal declaration of Eminent Domain without Compensation

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No legal declaration of Eminent Domain without Compensation

Any first year law student will tell you that a basic legal principle of eminent domain is providing compensation to property owners to make good the loss of property when it is appropriated. Therefore if the State of Oregon - or any locality - wants to declare water runoff to be their eminent domain, they must devise a system of compensating land owners based on the average amount of run-off generated by each property. Until they devise such a system, all waters are not eminent domain and therefore are not public property.

Can someone from Congressman Paul's Office contact this guy's lawyer, let them know this, and then ask them to hold a press conference explaining this to the general public?

This real issue here is the government assuming a claim on people's private real-estate above and beyond the claim of the people themselves. The idea of property taxes assumes that land owners do not have first right to their real-estate, but rather that the government does. This in effect makes people renters of their own property rather than true owners, and if a person cannot pay the property taxes the government will take the land from them in the tax's stead. The government treats the tax as a secured loan- as if the government was in fact the deed holder and the citizen was a renter.

This would be a great situation to fight this point on.