[threatofrain]

I wonder if judicial solutions can ever be adequate as police can simply say that an investigation is ongoing for years. And determining whether ongoing possession of seized property is legitimate involves disclosing investigation details.

[tshaddox]

How is that different than, say, indefinite detention? It’s obviously not implemented perfectly, but habeas corpus is uncontroversial at least in principle. I don’t see anything mechanistically unique about property seizure that would make this tricky to solve.

[throwup238]

> I don’t see anything mechanistically unique about property seizure that would make this tricky to solve.

One of the mechanics at play is suing the property itself, which can’t defend itself for rather obvious reasons. That side steps any property rights with jurisdiction in rem: https://en.m.wikipedia.org/wiki/United_States_v._%24124,700_...

IANAL but it’s as stupid as it sounds and it’s been controversial (i.e. United States v. Approximately 64,695 Pounds of Shark Fins)

[debacle]

The problem is it eventually becomes government civil lawfare against citizens. Taxpayer foot the bill to screw other taxpayers.

[frankharv]

I saw a local piece about Power Company taking land from black owned Funeral Home for onshore windfarm transmission towers.

I thought to myself why would one business be able to seize anothers property?

How does a private company deserve Eminent Domain powers?

Is a Funeral Home not a Public Good too?

Why would we allow emminent domain for a monolopy company.

https://www.13newsnow.com/article/news/local/mycity/virginia...

[opo]

The most famous example of this kind of use of eminent domain was the Kelo case which went to the Supreme Court. By 5-4 the court rules it was permissible to use eminent domain to get the land to build a campus for Pfizer. (The majority was Stevens, Kennedy, Souter, Ginsburg, and Breyer.)

As Justice Sandra Day O’Connor wrote “The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

After all of this, the land didn't get built into a corporate campus:

>...For nearly 20 years since the ruling, the entire Fort Trumbull neighborhood remained a vacant lot after being bulldozed by the city; a neighborhood once teeming with families who resided there for generations was home only to weeds and feral cats. The economic development the city promised the U.S. Supreme Court would materialize—if only the government could get its hands on the land—never materialized, even after spending more than $80 million in taxpayer money.

https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London https://ij.org/case/kelo/

[debacle]

Corruption is pretty much always the answer.

[frankharv]

Indeed. Between FERC and State bodies you don't stand a chance to win.

They were offering the Funeral Home $20K for 'air rights'. No poles. Seems cheap if you feel you will need to shutdown the business.

https://landownerattorneys.com/can-private-companies-use-emi...

[duskwuff]

Claiming that the owners will "need to shutdown the business" because there are now power lines running above it seems a bit hyperbolic.

[zdw]

There was a proposal back in the discussion of extending copyright to be "forever minus one day" by the maximalist camp which included Sonny Bono, so there are hacks around "indefinitely".

[undersuit]

Hmm, does my money have the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed?

(6th Amendment)

[Etheryte]

I mean, the US is the only first world country that I know of where this is an issue, clearly there are ways to address this, no?

[ryandrake]

‘No Way To Prevent This,’ Says Only Nation Where This Regularly Happens

[tocs3]

For reference: https://news.ycombinator.com/item?id=37684624