tvc184

I would like to give a rebuttal to this!! But I can’t think of one….

I’m going to go out on a limb and say…… Blame might come down to, would it have happened had the state not acted as it did. Intent probably doesn’t matter. Having very little knowledge of the case except reading some court statements and legal websites, it seems that the state put up the concrete barriers with the intent for a to act like a dam and to keep the water on the south side of the highway. In other words, it worked as designed and flooded that land. In doing so however it protected the north side as an evacuation route. Of course, it might go to an arbitrator or a referee or I guess it could legally go to a trial but I’m not sure. The question that I come up with is, would it have flooded anyway? For example let’s say the guy got 4 feet of water on his land but meteorologists and other experts in flood plains might agree that he still would have gotten two feet of water without the barrier. So did the state seize his land? Can the plaintiff show that had the barrier not been there, his land would not have flooded? If so he probably gets some kind of compensation. If not…….

Obviously anything that is cut has to be made up somewhere. Raise taxes and fees or cut spending or a combination. The biggest question to get the discussion started, what percentage of property taxes come from a homestead of people 65 or older. Before that is know there is no point in looking into it. Is it 1% of property taxes collected or 8%?

From what I read, the state intended for there to be no drainage. It was to act as a dam or levee just like the hurricane levee around Port Arthur. It worked to perfection. In doing so, the water had to pile up somewhere. Like in Causby that I mentioned above, the Supreme Court ruled in that case that the federal government took his land by merely flying planes over it but low enough that the engine noise was disrupting.

Looking back at the exact wording, it seems like you are correct and it was the concrete barriers that were the ultimate problem. I mentioned it in my last comment, even if it was just the barriers, did Texas take his property? I think a case like US v. Causby might go a long way to proving his case. Causby had an egg farm and during World War II, the US government started flying four engine heavy bombers for the war effort, low over his farm at full power. The extremely loud noise killed a bunch of his chickens and caused many of the rest of them to quit laying eggs. Even though he legally still on the property, he sued, saying that the federal government had effectively “taken” the use of his property from him. The US Supreme Court sided with him, saying that for the purposes of the Fifth Amendment, the federal government had indeed taken away the use of his property. It wasn’t intentional but that didn’t matter. It seems like this case would fall somewhere along those lines.

That might have added to it but it said that they intentionally raised the roadway to help it act as a dam. Even if it was the dividers and no intent, did the state “take” his property without compensation? I think that it is interesting that a local landowner fought his case all the way to the US Supreme Court and won in a unanimous decision. So while he has not won his case yet, he won the right to have his day in court and possibly heard by a jury.

A Winnie land owner (and others) sued the State of Texas after they built IH-10 a few feet higher in order to help contain storm flooding. Sure enough a hurricane hit and flooded the land. The storm improvements worked!! Unfortunately the state sacrificed several people’s properties in using the interstate highway as a dam. Richard DeVillier tried to sue Texas under our laws and Constitution and the US Constitution under the Fifth Amendment “taking clause” (eminent domain). After a favorable ruling in the federal district court on the right to sue Texas directly, the Fifth Circuit Court in New Orleans overturned that ruling and said that the DeVlier had no authority to sue Texas directly. On Tuesday a unanimous US Supreme Court ruled that DeVillier and others had the right to sue Texas directly under Texas law and under the Fifth Amendment of the US Constitution. The case is now sent back down to the lower court. DeVillier and others have not won their lawsuits as the case has not been decided on its merits at a trial. He still has to go to prove his case. What they did win was a unanimous Supreme Court agreeing that he has the right to bring Texas to trial for taking his property with just compensation.

Surely we don’t know what will happen but the article implies that the investigation is based on criminal negligence and doesn’t even hint at terrorism.

Some comments deserve not to have a 🤣or 😳 required…. 😎

Judgmental? He was probably there for a parent-teacher conference (maybe the only time the teacher was available) and brought his kids to get their side of the issues.

Unconstitutional?

Dershowitz is a liberal Democrat and I listen to some of his podcasts on youtube. He doesn’t even hide his beliefs but then discusses what he believes the law says and means. It was maybe a couple of months ago when he was discussing a Second Amendment case in front of the Supreme Court or being considered by them for review. His statement was that had he been a Founding Father, he would have voted against the Second Amendment however he believed that as it was passed and intended to mean, it was clear that the amendment was meant to allow individuals to right to possess weapons and carry them. That was just an example, where he might not like the law or a particular part of the Constitution, but will state his belief that, even though he does not like it, it is what it was intended to be. I don’t think that Dershowitz would ever vote for Trump but he knows a scam when he sees it.

You can vote for either, neither, another, no one, write in or whatever, with no justification required. Unlike boycotting a store, not using a product, etc., on January 6, 2025 a new president will be officially and he/she will have a D or an R next to the name. You can opt out of taking part in the process. You can’t opt out of the results.

I wonder why he didn’t choose Ramadan?

It’s called the free enterprise system.