un freaking believable

BornRuff

Time Out
Nov 17, 2013
3,175
0
36
No they don't. They have to pay you assessed value. Those can be two very different things. Fair Market value is what the owner decides to accept, not what someone is willing to offer. ANd if the owner does not wish to sell then there is NO fair market value.

In the legal sense, no, fair market value is not just whatever the owner decides it should be.

He has true ownership of the land and property rights. Eminent Domain can't be imposed.

Well, no, it is quite well established that the government can do exactly this.

If you guys truly believe that some piece of paper from hundreds of years ago trumps all current laws, you would think that you would be a lot more sympathetic to the issues being raised by first nations people in Canada.
 

BruSan

Electoral Member
Jul 5, 2011
416
0
16
In the legal sense, no, fair market value is not just whatever the owner decides it should be.



Well, no, it is quite well established that the government can do exactly this.

If you guys truly believe that some piece of paper from hundreds of years ago trumps all current laws, you would think that you would be a lot more sympathetic to the issues being raised by first nations people in Canada.
Reverse that optic and I'll go along with your point.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
547
113
Vernon, B.C.
So a piece of land donated by the King in perpetuity back in 1798 has less strength in law than some treaties signed later?


A few other things come into play here. Sometimes you have to resort to what works. I believe the King back in 1798 may have been George III..................crazier than a sh*t house rat.
 

BornRuff

Time Out
Nov 17, 2013
3,175
0
36
His document from the King. You and I have no rights and can be subject to eminent domain but he can't.

Lol, but why? You have provided absolutely nothing to substantiate this claim.

Lots of Kings and Queens have made lots of declarations throughout history, but laws have also changed since then.

Every law we pass has to receive royal assent, so why would this piece of paper be any more valid than any of the stacks of other pieces of paper with royal assent that contradict it?

So a piece of land donated by the King in perpetuity back in 1798 has less strength in law than some treaties signed later?

The treaties certainly have not been honored innumerable times.
 

Walter

Hall of Fame Member
Jan 28, 2007
34,844
93
48
Because most of us know right from wrong and have common decency. You can't count on the government to know either or have any decency at all.
Yet so many on this forum want the gubmint to do more and more for us; go figure.
 

WLDB

Senate Member
Jun 24, 2011
6,182
0
36
Ottawa
A few other things come into play here. Sometimes you have to resort to what works. I believe the King back in 1798 may have been George III..................crazier than a sh*t house rat.

In his later years he was. He was pretty sane for most of his reign. For some reason its the last few years that get all the attention. Sane or not, even at that point there were a lot of limitations on what the King could do.

They could not build any of the things I mentioned without the use of these laws, unless these different areas you speak of are in the absolute middle of nowhere.

They don't go looking to expropriate people's property against their will. They always look at options and try to come to a deal before anything like this happens, but they need this legal option when they can't otherwise come to an agreement.

If these laws did not exist, it would be way too easy for landowners to hold the state hostage for huge sums of money should the state ever want to build anything.

If people are not willing to sell land to the government then the government should use Crown Land. The vast majority of the country is Crown Land. There is more than enough of it. Yes, it may be in the middle of nowhere and be inconvenient to the government - so be it. No one should be forced to give up any property against their will. If people are willing to sell or give their land to the government, fine. If they arent for any price then the government should go elsewhere. Right now they dont have to and what they are doing is legal but it isnt right. That should change.
 

BornRuff

Time Out
Nov 17, 2013
3,175
0
36
If people are not willing to sell land to the government then the government should use Crown Land. The vast majority of the country is Crown Land. There is more than enough of it. Yes, it may be in the middle of nowhere and be inconvenient to the government - so be it. No one should be forced to give up any property against their will. If people are willing to sell or give their land to the government, fine. If they arent for any price then the government should go elsewhere. Right now they dont have to and what they are doing is legal but it isnt right. That should change.

Have you ever spent much time in Toronto? How well do you think it would function if we didn't have the 401, the Gardnier, or the airports? There were huge fights over getting the land for parts of those, and many people were displaced, but sometimes that is necessary for the greater benefit of our society.