Good morning, Tim...

Tim Bedding wrote:

> shadow
> 
>> On Monday June 27 Logan Darrow Clements faxed a request to the
>> code enforcement officer of the Towne of Weare, New Hampshire
>> seeking to start the application process to build a hotel on
>> 34 Cilley Hill Road.
> 
> I have just done some reading on this.
> 
> It seems to me that if someone really wanted to build somewhere
> they could find the money to pay the asking price.
> 
> With this ruling, all they may be entitled to is "just
> compensation" which, I guess, might not even be the standard
> market price.

Yes, and that is where I have the most problem with this ruling. Just
compensation typically puts the decision in the hands of the courts, and
given a long and bloody history, the courts nearly always seem to lean in
the general direction of which side has the most expensive attorneys. Thus
in the game of the developers with deep enough pockets to afford good
legal counsel versus land owners who can barely afford their medical
costs, it seems a foregone conclusion that the developers have a
considerable edge. 

> 
> I can see that in certain exceptional cases there may be
> a case for forcing people to sell but I do not think that this
> should be the rule.

I'm afraid it might be, but I am still trying to finish studying the
ruling handed down. Just not enough time...

Dave
-- 
Dave Laird ([EMAIL PROTECTED])
The Used Kharma Lot / The Phoenix Project 
Web Page:   http://www.kharma.net updated 05/01/2005
Usenet News server: news.kharma.net
                                           
An automatic & random thought For the Minute:    
A yawn is a silent shout.
                -- G.K. Chesterton
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