EMINENT DOMAIN

  The first time I used the 42 USCS 1982 was to stop a condemnation and eminent domain. The road commission wanted to straighten out a road. There was a widow lady in the line for the road work. I contacted the lady. The county road commission attorney arranged a meeting with her at her house. I was there before the attorney arrived. The attorney ask why I was there? My reply was I am not here to talk about how much money you will pay, or if you pay her with coffee beans or what ever. My being here is to see to it you don't violate her rights.  They talked about how they would enforce the "taking with eminent domain" if she would not sell. So the best thing she should do is take what they offer her. If she went to court her gain would be eaten up in attorneys fees. Then I told the attorney they had no jurisdiction to take the land. The reply was, we do it every day. I then handed a copy of 42 USCS 1982 to the attorney. Their response was, this is part of the civil rights bill. With that I gave the attorney my card and left. Two days later I answered the phone. It was the attorney, the first thing said " you are right we can not take that land because we do not have jurisdiction." We talked about law for a while and said good by. 

They offered her $128,000 and in about two months they settled for $180,000.
 
 

42 USCS 1982

• This U.S. Code is part of the civil rights package. Sec. 1982. "Property rights of citizens". Here it only talks about the property the  federal and state government have a preparatory or monitory interest in. Take time to read this very carefully. This was written to protect all the people.