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> Anyone constructing such a work is compelled to purchase all of the land necessary for that work; if they fail to obtain just one parcel, then the value of th
by chordalkeyboard 6y ago
> Anyone constructing such a work is compelled to purchase all of the land necessary for that work; if they fail to obtain just one parcel, then the value of the result is often worthless. Not only is the seller compelled to sell the parcel, but the buyer is also compelled to buy it.
You're using two different sense of the word "compelled" here which creates a logical fallacy called "equivocation." The buyer is not compelled to purchase all the land by men with guns who will force them to take possession of the land. They are "compelled" in the sense that their preferred outcome relies on obtaining all the land that they want, which is very different and makes the value of the parcels they have obtained dependent on the acquisition of the remaining parcels. This is not at all the same as men with guns coercing someone to do something.
Really I'd have more confidence in such schemes if people weren't habitually eliding the plain facts of the situation with euphemisms and equivocations. If you think large infrastructure projects require depriving people of their property with violence and the greater good of society requires large infrastructure projects, just own up to it. its just violence and threats, its part of life. What do you think happens if you don't pay your taxes or don't pull over for the flashing blue lights?
> Fair market value is the price that the parcel would have been bought for if the buyer were not compelled to buy it at almost any price, and it can generally be imputed by looking at the history of real estate transactions for similar parcels. It's a pretty usual practice, since it's relevant for pricing real estate, insurance claims and estimates, and even property taxes.
Thats how people arrive at "just compensation" in order to meet constitutional scrutiny, that's not what "market value" means. The inconvenient fact that when bureaucrats decide they want something they can get the police to take it away and write a check is just a fact of life. If its so bad that we need to pretend its not the case, then maybe we shouldn't do it. If its not that bad but people get upset, then we need to toughen up and stop pretending otherwise so people can come to terms with the world we live in today.