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Eminent Domain is how the 5th amendment is worked around. Also, declaring water to be a public good can assist.
by tomrod 5y ago
Eminent Domain is how the 5th amendment is worked around. Also, declaring water to be a public good can assist.
- function_seven 5y agoNo it's not. Eminent Domain still involves paying for the thing you're taking. If my house is in the way of a planned freeway, they don't just kick me out and say "tough shit". They pay me. That's the essence of the parent comment. What's the price for these water rights?
- tomrod 5y ago> they don't just kick me out and say "tough shit". They pay me. They do if they don't pay you, like what happened to folks in Louisiana or Texas.
- function_seven 5y agoThat's not "working around" the 5th Amendment, it's ignoring it. And if you're going to ignore the Constitution, you don't need Eminent Domain or anything else. You just ignore it. What are you referring to in Louisiana and Texas?
- stjohnswarts 5y agoYou're right. There's no way any judge will let California turn into a wasteland because "muh water rights". They will give them a reasonable amount and that will be that. I see lots of these cases coming up if the western United States drought doesn't relent soon.