There is an interesting ruling by the United States Court of Appeals for the Eleventh Circuit on the COVID-19 closures in April 2020. The panel found that the closures of private beaches in Walton County, Florida, constituted a taking under the Fifth Amendment.
The Takings Clause provides that “private property” shall not “be taken for public use, without just compensation.” U.S. Const. amend. V. As noted in this case, the takings clause embodied a deep commitment of the Founders to the protection of property. John Adams declared that “[p]roperty must be secured, or liberty cannot exist.'” Cedar Point Nursery v. Hassid, 594 U.S. 139, 147 (2021) (quoting Discourses on Davila, in 6 Works of John Adams 280 (C. Adams ed. 1851)).
The question is whether prohibiting private owners from using their own property constitutes a regulatory or physical taking. The district court rejected the claim.
In Alford v. Walton County, Judge Barbra Lagoa (joined by Judges Brasher and Carnes) reversed:
the district court held that Ordinance 2020-09 was neither a physical taking nor a regulatory taking. We disagree. This case involves a textbook physical taking: Walton County enacted an ordinance barring the Landowners from entering and remaining on their private property; Walton County’s officers physically occupied the Landowners’ property; and Walton County’s officers excluded the Landowners from their own property under threat of arrest and criminal prosecution. In other words, Walton County wrested the rights to possess, use, and exclude from the Landowners, and it took those rights for itself. That triggers the Landowner’s right to just compensation.
Some experts, while supporting the ruling, question whether this is a physical or a regulatory taking. However, the panel insisted that it was not just a regulatory denial and thus treated it as a per se taking that did not require the balancing test under Penn Central Transportation Co. v. New York City, 438 US 104 (1978):
Ordinance 2020-09 physically appropriated the Landowners’ property because it barred their physical access to the land. And to enforce the Ordinance, the County entered the Landowners’ property at will for the specific purpose of excluding the Landowners. The County’s officers parked their vehicles on private property to deter entry, used private property as their own highway, and forced Landowners to vacate their property under threat of arrest. Put simply, the County “entered upon the surface of the land and t[ook] exclusive possession of it,” thereby triggering the right to just compensation. Causby, 328 U.S. at 261.
Notwithstanding these infringements on the right to possess and the right to exclude, the district court found that Ordinance 2020-09 was a simple “use” restriction. In so ruling, the district court emphasized that the Landowners retained the ability to sell their property, that the Ordinance was temporary, that the Landowners could still use part of their property, and that the Landowners could still exclude other citizens from their private property. None of these points makes a difference. At bottom, Ordinance 2020-09 prohibited the Landowners from physically accessing their beachfront property under any circumstances. That is different from a restriction on how the Landowners could use property they otherwise physically possessed.
The panel put this case into the context of prior rulings, particularly Penn Central Transportation Co. v. New York City, 438 US 104 (1978):
Cedar Point is a useful comparison. Recognizing the distinction between physical appropriations and use restrictions, the Cedar Point Court rejected an argument advanced by California that the regulation permitting union organizers to enter private property was a mere use restriction. 594 U.S. at 154. There, a California regulation granted union organizers a right to access private farmland “for the purpose of meeting and talking with [agricultural] employees and soliciting their support.” Id. at 144 (quoting Cal. Code Regs., tit. 8, § 20900(e)). Under the regulation, the union organizers had a right to access the private farmland for up to three hours per day and 120 days per year. Id. Importantly, the regulation in Cedar Point did not infringe on the rights of the farm owners to possess, to use, or to dispose of their property. See id. Regardless, the Court held that the regulation effectuated a physical taking because it infringed on the owners’ right to exclude the union organizers. Id. at 149–54. In the Court’s words, “[s]aying that appropriation of a three hour per day, 120 day per year right to invade the growers’ premises ‘does not constitute a taking of a property interest but rather . . . a mere restriction on its use, is to use words in a manner that deprives them of all their ordinary meaning.'” Id. at 154 (quoting Nollan v. California Coastal Comm’n, 483 U.S. 825, 831 (1987)).
In other words, the mere fact that the Cedar Point landowners retained the rights to possess, to use, and to sell their property did not undermine the fact that a physical taking occurred. Id. California still “physically appropriated” the landowners’ property by granting the union organizers a right of entry. Id. Here, the physical taking at issue is even more severe than the one in Cedar Point. Unlike the regulation at issue in Cedar Point, Ordinance 2020-09 infringes on the right to exclude and the rights to possess and use. The Ordinance prohibited the Landowners from entering and remaining on their own property, while County officers entered and remained at will. The mere fact that the Landowners could—according to the district court—still “exclude the public” from their property is immaterial. In Cedar Point, it made no difference that the property owners retained the right to exclude everyone but the “union organizers.” See 594 U.S. at 144. Likewise, it makes no difference here that the Landowners retained the authority to exclude everyone other than County officials tasked with enforcing the Ordinance.
This is a major ruling on takings, including the treatment of the limits as a physical rather than regulatory takings. It could find itself before the Supreme Court on that issue.
Unfortunately, these constitutional rulings took years to work out, allowing state and local officials to enforce sweeping limitations on individual and property rights during the pandemic. With the added censorship of opposing or dissenting views on the scientific basis for many of these policies, it allowed for largely unchecked authority by these officials in California and other states.
COVID allowed the dunderheads currently in power to not only validate the Founders’ convictions about man’s dictatorial propensities but extend them to women.
Read Marjorie Taylor Greene’s full four-page statement resigning from Congress: ‘I refuse to be a battered wife’
“… Americans are used by the Political Industrial Complex of both Political Parties, election cycle after election cycle, in order to elect whichever side can convince Americans to hate the other side more.
And the results are always the same.
No matter which way the political pendulum swings, Republican or Democrat, nothing ever gets better for the common American man or woman.
The debt goes higher. …”
By: Rachel Dobkin – The Independent ~ November 22, 2025
https://www.the-independent.com/news/world/americas/us-politics/marjorie-taylor-greene-resigns-full-statement-donald-trump-b2870306.html
Pure 100% Chutzpah – Gotta Love this Woman!
Not really. I suspect we’ll be seeing Margie on the View in about 6 months. She had to show everyone that she wasn’t a Trumper any longer. So she passed that test. No one walks away from a very safe House seat, unless they’re moving on to something better.
Read Marjorie Taylor Greene’s full four-page statement resigning from Congress: ‘I refuse to be a battered wife’
I choose not to. But… oh look at her play that Democrat Identity Politics Misogyny Card just like DEI Hire Harris and Moochelle Obama! Or did she pick that up while appearing with the Marxist yentas on “The View”?
Two or more things can be true at once:
1. Debt can indeed be going higher. MTGs new little friends among the Democrats rarely ever mention any concerns about that – particularly while shutting the government down in hopes of exploding debt for the “Affordable” Care Act we were promised would save us money each year.
2 Republicans have at least stopped it from going as high as Democrats intended to do. Nowhere near enough, but probably about the best they can do with the majorities they currently hold.
3. Given their very small majority in the House, a large number of Republicans in very purple districts are likely to be replaced by Democrats if they vote for stronger measures – unlike MTG who is only endangered by being primaried. So Republicans are limited in what they can do. With the House back in Democrat hands, they will alternate between more taxes and spending and repeatedly impeaching Trump. And whatever the House passes for a budget, whether MTG likes it or not, then has to get past the Democrat filibuster in the Senate.
MTG can’t figure this out? What an embarrassment as a representative of elected women.
4. MTG is, in general, an avatar for the worst of populist politicians – a different colored twin sister of the Democrats’ Ayanna Pressley from the other side of the political bed.
5. This is a very safe conservative GOP seat, so whoever replaces MTG would be hard pressed to be worse.
Yes, we need even more dumbing down of populist politics, as if there isn’t enough already.
MTG, AOC, Maxine, Omar, they are all located in “safe” districts. They serve at the pleasure of their party, as long as they play a role the party values. When they no longer do so, they are out. One of their important functions is to test fringe views of both parties, in a sense to “groom” the population for the political seduction required to allow their party to push the country even farther away from it’s principles.
The debt is going higher because the Republicans refuse to have billionaires pay for the protection of the US Govenment against civil collapse and outside military threats. Every giant leap in debt has been during Republican controlled administrations, with the largest increases due to Trump.
But you liked Biden and the dems spending..
“the protection of the US Govenment against civil collapse and outside military threats.”
We are not facing any real or new threat of civil collapse.
We do have a real problem with The left disregarding the rule of law – but moe funding of government makes them violate the rule of law even more.
There is no military threat in the world we can not meet if we want to.
If there is no threat why do we spend so much on the military? If there is no threat, close the Pentagon and the DoD.
Then you say that “There is no military threat in the world we can not meet if we want to.”
That’s protecting the interest of the Billionaires. No one is coming to attack Chuck’s Gas and Tire. They would take out Ford and Google and Microsoft and Elon Musk. Those are the targets, but they don’t pay for their defense.
We aren’t facing civil collapse, yet, because measures against it are being funded with massive increases in the US debt. Under Trump, to the tune of Trillions of dollars.
The first maaive leap in deficits came under FDR and long before the war. From the end of WWII through to Obama Deficits remained under 5% – often even negative.
Obama increasd the deficit to 9.8%
Trump spiked a deficit above that for ONE year to deal with Covid – that was a mistake.
Deficits remained above 5% for Biden’s entire term. That had never happened before without a War.
Thus far under Trump the deficit is declining.
The Deficit is too high – the peace time deficit in the US should be ZERO.
You are correct that Republicans do not live up to their promises regarding the deficit.
You are totally incorrect that Republicans have higher deficits than Democrats.
Every single time the deficit was over 5% except for 2020 was while a democrats was president.
Every single time the deficit was over 10% except 2020 a democrat was president.
“By: Rachel Dobkin – The Independent ~ November 22, 2025”
Amazing! Who could have imagined that the socialists/communists at The Independent would have seized on that after they spent the entire Schumer Shutdown howling their demands for more bloated spending to prop up the lie that is the failing Obamacare health system!
Never in my lifetime, have I heard a Congress Person rail with such a scathing rebuke of ‘The System’!
MTG Let It All Hang Out 👍
MTG (on the D.C. Swamp), Letter of the Year!
MTG is Dignified – She knows the Truth and the Truth has set here Free!
“No matter which way the political pendulum swings, Republican or Democrat, nothing ever gets better for the common American man or woman.”
I read her statement earlier today. To me that excerpt makes a pretty good corollary to Tom Woods’ “No matter who we elect, we get John McCain”…
These types of cases show how differently judges interpret the law, and how easily government can usurp the rights of an individual without regard. If you have the money and the time perhaps you can restore your rights, but few people have that luxury. We are at the mercy of the powerful, like living in ancient Rome.
Wouldn’t this have been evident on day one? What took them so long? And how much else will finally be exposed about the autopen administration?
Not a single dime more of Federal dollars to Walton County, Florida beach front property owners for; Beach Erosion Restoration and Hurricane Relief.
Defunding the Walton County, Florida beach front property owners will stop them from ‘Having Their Cake and Eating it to’.
{Question} Does the federal Government get refunded when a Walton County, Florida beach front property owners sell the Properties? [No].
Are the Federal/State cost of protecting the water front properties applied to the capital gains of the properties’ sales?
Why should the People pay for the speculative gains of Walton County, Florida beach front property Owners, when they do not participate when the Country is under a National Emergency (Covid-19 restrictions)?
Walton County, Florida beach front property owners need to: Pay Up before they ‘bit the hands that feed them’.
Walton County, Florida (see photos)
https://www.google.com/maps/place/Walton+County,+FL/@30.5490765,-86.1220305,10z/data=!3m1
So all federal programs should be contingent on the recipients’ willingness to give up their constitutional rights? And even though this was an unconstitutional action by the county rather than the federal government?
What you’re suggesting has been tried, and it has been rejected by the Supreme Court under the “unconstitutional conditions” rule.
Re.: “So all federal programs should be contingent on the recipients’ willingness to give up their constitutional rights?”
{?} But the conditions of the access restrictions were pretense under a National Emergency (The County enacted/enforced the restriction under the Federal Mandate) .
The Walton County water front Owners are making a ‘Mountain out of a Mole Hill’. Maybe just to drum up legal billings and reign in some settlement cash. No One was truly injured by what happened. Lets just wait and see what happens the next time a Hurricane hits. They (Owners) will be a the Federal Pig Trough, crying about how their rights were denied.
There will be another Hurricane.
First, it’s “rein in,” not “reign in.”
But regardless, you’re making a connection between property owners objecting to a county government physically occupying their private property, and a federal relief program for natural disasters. I think you need to spell out the linkage a little better since they do not seem to have any logical connection.
But before you do, look up the unconstitutional conditions doctrine – which I mentioned previously but you ignored – and explain how your proposal could survive in light of that doctrine, which is a well established legal principle.
If the beach is only there due to the government intervention then it’s the Beach of Theseus. If the sand that was there when the owners first bought is gone and has been replaced by sand from elsewhere, why is it their beach? It should belong to whoever paid to put more sand on it.
“The Walton County water front Owners are making a ‘Mountain out of a Mole Hill’.”
And quit calling our street corner pharmacists from MS-13 cartels who are providing service to their underserved communities Drug Dealers.
Learn to use proper language and context!
“So all federal programs should be contingent on the recipients’ willingness to give up their constitutional rights?”
Federal programs should universally be contingent on explicit authorization of the function required to enact by a plain reading of the Constitution. Observing that principle would probably reduce FedGov reach and expense by >95%. And good riddance.
Not a single dime more of Federal dollars to Walton County, Florida beach front property owners for; Beach Erosion Restoration and Hurricane Relief.
Well! Look at you go, Skippy! The ol’ Democrat War Cry of “The Evil Rich Don’t Pay Their Fair Share”.
1. Our Marxist Useless Idiot Democrat troll having its Midol Moment doesn’t know the difference between a local county ordnance and funding provided by an entity outside of and larger than that country.
2. The The Florida Hurricane Restoration Reimbursement Grant Program is a STATE program – not a Federal program.
https://floridadep.gov/rcp/rcp/content/florida-hurricane-restoration-reimbursement-grant-program
Well done Skippy! Give yourself a hand (and no, not that way, at least not in public unless your name is Jeffrey Toobin).
I want my Federal Money Back. I’m not paying for Joe Biden, James Comey, and YOU to stroll the Beaches anymore.
Federal beach restoration is supported by several agencies, including the U.S. Army Corps of Engineers and the National Oceanic and Atmospheric Administration (NOAA), which provide funding for projects like beach nourishment and shoreline protection. While the U.S. Army Corps of Engineers manages many large-scale projects involving engineered sand placement, NOAA funds habitat-based restoration that benefits coastal communities, ecosystems, and species. Funding for these programs can be subject to changes, and local agencies often partner with the federal government to fund project.
Re:
Zoom to State/County
[FL] {Walton] [Press Zoom]
https://coast.noaa.gov/digitalcoast/tools/beach-nourishment.html
Also:
Funding – Local Project Financing
… Federal projects are usually funded up to 65% federal funds and 35% local costshare funds. Some states have dedicated funds to support beach renourishment, but these funds can be as fickle as the federal process. Communities seeking autonomy in their projects can utilize local funding strategies to fully or partially fund projects.
https://asbpa.org/get-involved/funding/
I want my Federal Money Back. I’m not paying for Joe Biden, James Comey, and YOU to stroll the Beaches anymore.
Skippy, you commie Democrats didn’t buy any private beach that the Oval Office House Plant is eating ice cream on, nor anybody else. Unfortunately for you, private property rights still exist in the USA.
As well as logic in law that says you can’t prohibit using your personal beach while at the same time Walton County allowing massed protesters packing together to have a Democrat Black Liars & Marxists protest.
Come to us with your demands for your tax money back after we get all the federal money back that your 20 MILLION criminal Illegal Aliens Biden invited and unconstitutionally allowed into the USA have cost all American taxpayers. You want your penny back while we’re left footing the ongoing massive bill for your little criminal Illegal Alien friends?
You first, Skippy. Meanwhile, wail in grief that another commie Democrat constitutional rights grab once again went down in scorching legal flames.
Wrong – The Federal Government OWNS the Shore Line.
Wrong – The Federal Government OWNS the Shore Line.
You have an explanation for why Walton County didn’t attempt this while attempting to defend their unconstitutional actions? SCOTUS ruled states can’t enforce federal immigration laws, but Walton Country was somehow or other enforcing violations of Federal Shore Line Laws?
Well then! Walton County has no power to tell the owners of private property that ended at the federal shore line that they couldn’t access the Federal Shore Line from their private property!
However you Democrat police state fascists want to attempt to take private property rights from the owners, you lose through every subterfuge you attempt. As you’re now reading this court decided.
Take a Midol to deal with your Midol Moment and call us in the morning.
Listen, I’m not going to pay to feed your Beaches while you tell the rest of Us to stay off your ‘Private Beach Property’ and infect us all with your Covid infested orgies because you feel that it’s vigilant to defy the Government. Of course it’s exactly Peasant’s like you that feel it’s ‘Your own private Government’ not ‘Our Government’ So watch your mouth Peasant, or I’ll buy your Mother’s Beach front House and Burn it.
The majority of the millions of immigrants are working hard and adding value to the US economy, far in excess of any purported costs. It’s why there was the sudden desire of Trump to stop ICE efforts on farms and at hotels. They are given Tax IDs so that withholding can take place, but they are ineligible for any tax refunds or Medicade or Medicare claims that are also withheld from their wages. They pay dearly to be here and make the country better for their presence.
I noticed you missed one key “word: Illegal.
Typical lies from the left.
They could all be legal tomorrow, just write and pass a law – a piece of paper.
They are contributing now. That is the truth.
Seems a just ruling. It will be interesting to see if the Supreme Court does take this up since I suspect Walton County will appeal. Governmental entities don’t usually cede their power easily.
Not to mention that seizing the beach because of Covid made no sense at all.
Seems Anonymous 8:11 am is saying that basically “it’s not my beach and I’m not harmed so screw the owners”.
A lot of excesses were demonstrated by governmental entities during Covid. Need to clean these actions out. If they are left there for the future to deal with, they are literally getting inscribed in stone by time and one more piece of your freedom gets stripped away.
“Seems Anonymous 8:11 am is saying that basically “it’s not my beach and I’m not harmed so screw the owners”. Not what anon 8:11 wrote. Its seems? He was referring to a toy plane owner on his land who lost his playtime because of a fed. gov. policy.
“At what point does your right to play with toys override the right of federal government to protect all Americans from potential harm. You have suffered nothing. At best hours of personal time playing with toys? A lawyer would of course take your money, and you’ll get no recompense. Spend the + $50k and find out.”
“At what point does your right to play with toys override the right of federal government to protect all Americans from potential harm. You have suffered nothing.
Aside from the Democrat Big Brother communist dreams dripping from that ‘Big Brother Will Tell You What’s Good For You”… Note to communists: when it’s my private property, you’re at greater risk by deciding Democrats give you a right to trespass on my land if you defy their orders to stay inside your rental shack. My signs say “private property”, not “communist Democrat property”.
GEB,
Well said.
Some people just cannot understand the importance and need to prevent government over-reach. These are the same people who were okay with the Biden admin censoring and violating Americans 1stA rights.
In hindsight “Not to mention that seizing the beach because of Covid made no sense at all.”
If this was done near the beginning of the outbreak when so many were in the ERs and ICUs that doctors and nurses could not keep ahead of the situation and people checking in were often there to die, any measure discouraging clumping of crowds to slow that tide was reasonable to put into effect.
COVID was more than a virus that killed millions, it was also a spot light that illuminated rampant Government abuse and the incompetence of our education system.
Let’s not forget the numbers killed by COVID were hugely exaggerated for political purposes. First, you need to distinguish between dying “of COVID” from dying “with COVID.” That alone will reduce most of the tally. Then there is the misdiagnosed. Flu mysteriously disappeared during COVID as the thousands of flu victims each year automatically became COVID victims since hospitals got paid thousands extra for every COVID patient but got nothing for flu patients. Everything suddenly became COVID regardless of facts. I had a friend assigned to the COVID ward for “shortness of breath” due to broken ribs from a fall! COVID was the largest scam in history.
Your friend was lucky the hospital didn’t stick him on a vent….that’s a cool $39K right there! Of course, it turned out that venting was exactly the wrong treatment and that created a lot of “covid” deaths.
Who paid the hospitals specifically and only for COVID deaths?
How was it a scam worldwide?
This is a very sound ruling that is prioritizes restraint of government in favor of individual liberties, as is specified in the Constitution. Unfortunately, it is my expectation that those who wish to rule us, in the judicial and other branches, will collude to see to it that this victory is no more than a short-lived anomaly.
“. . . a physical or a regulatory taking.”
That is a phony distinction.
Suppose the government uses an environmental regulation to bar you from using part of your land, in order to protect an endangered insect.
That regulation physically bars you from the use of your property. With respect to usurping your right to property, it is irrelevant whether someone else can or cannot use that land.
Unfortunately, these constitutional rulings took years to work out, allowing state and local officials to enforce sweeping limitations on individual and property rights during the pandemic.
AFAICT no other industry would be allowed by laws nor the public if they adopted “took years to work out” the providing of needed services. Medicine would become a farce if physicians “took years to work out” diagnosing and treatment of maladies, or the providing of food, water, clothing, sanitation, shelter, etc
That the federal government gets a pass, and is protected from citizens taking action against the Feds
is dead wrong. That needs to change…pronto
It took medicine centuries to work out how diabetes killed people.
Medicine is still working out how to cure cancer.
The next time an epidemic strikes that causes some deaths, I believe public officials will act more sensibly. Hopefully, the public will take medical advice from professionals….epidemiologists and disease specialist M.D.s…and ignore the uninformed garbage posted by discontents, foreign enemies, and amusement-seeking trolls. It’s possible we learned something about how not to overreact based on media sensationalist alarmism. I doubt the media learned anything.
They don’t do self-examination, crouching defensively behind “the story is not about us”.
Pbinca
I believe public officials will act more sensibly. Hopefully, the public will take medical advice from professionals….epidemiologists and disease specialist M.D.s…
*********************************
Fat chance if the dems are in charge
First of the day, a DDS’er – Democratic Derangement Syndrome – on full display. Guy has a way with words huh?
O-yeah I do remember when Biden tried to push government “osha” to FORCE you to get a shot of a vaccine that didn’t prevent CV or stop it for passing from one person to another.
So enjoy this so called DDS you came up with.
“Prevent” and “stop” in regards to any individual aren’t the capabilities of any vaccination. Vaccination is to prepare the immune system so it doesn’t have to start from scratch when a virus is encountered.
What they do is prevent and stop in populations by decreasing the time people are infectious and increase the amount of infectious material needed to encounter to get the disease. They decrease suffering and, if everyone participates, dries up the sources while leaving fewer susceptible. This is how small pox was eradicated. How polio was nearly eliminated.
However, if large pools of people don’t participate those are large pools of people who will get the disease, carry the disease, and find many others to spread the disease to, ensuring there won’t be an end.
It is the job of OSHA to protect workers on job sites from known hazards and getting covid is a hazard. Buncha big babies who can’t get that needle-stick when they are getting dozens of other needle sticks otherwise. I got one for tuberculosis detection to work in a restaurant because the health department doesn’t want people with TB coughing all over the food.
Cutting the chance of giving all you coworkers a damaging disease seems like something a decent human being would do. The ones who aren’t decent are going to be a screw up and drop a wrench from the top of a building or back a fork truck over a co-worker.
DustOff,
Well, Red states were the first ones to re-open their economies. Blue states, namely the failed state of CA and NY, were the last when they could no longer justify any of their BS mandates.
“The next time an epidemic strikes that causes some deaths, I believe public officials will act more sensibly.”
I see no reason to believe that would be true. Have any public officials taken any responsibility for their failures? Were livelihoods and reputations that were destroyed ever restored?
“Hopefully, the public will take medical advice from professionals….epidemiologists and disease specialist M.D.s”
That was often the source of a good deal of the misinformation. I don’t blame the media, they were doing what they normally do. Just backing their own horse in the race.
” I don’t blame the media, they were doing what they normally do. Just backing their own horse in the race.”
You don’t blame the media? I sure as Hell do. Shoveling BS propaganda while posturing as a source of objective and unbiased fact constitutes fraud. Doing so while wrapping oneself in the robes of the First Amendment is rampant hypocrisy.
The professionals erred on the side of caution. Trump called one million deaths a hoax. You decide which is the more prudent course of action.
30 days of staying away from other people and the pandemic would have ended. The Republicans said – go to Church and crowd together. Don’t decrease transmission rates with masks. Go to the gym and all touch shared equipment to share the virus. Get the children in school because children are all perfect at keeping sneezes and coughs to themselves.
The ugly thing that was exposed was how few Americans have 30 days of savings to carry them over. The Republicans demanded that the poorest get back to work, exposing themselves to the maximum number of infected people possible.
The other is that Republicans are fatalists. That anything bad that happens is unavoidable. It’s why they don’t mind the number of children cut down with gunfire at elementary schools as cops scratch themselves and duck as each shot rings out, another child dead.
pbinca says: ignore the uninformed garbage posted by discontents, foreign enemies, and amusement-seeking trolls… They don’t do self-examination,
Speaking of amusement seeking trolls pbinca, now that you’re experimenting with coming back, give us your justification for recently posting you want young adult Americans deprived of their 2nd Amendment rights versus 5th Amendment takings.
And what Fauci and company did was just as often criminal not just patently wrong.
Huzzah!
Fifth amendment government takings are seldom litigated. Also, takings should be more broadly litigated. For example, the State of California refused to mitigate demonstrably life threatening PM 10 and PM 2.5 particulates from being produced and expelled from its property at a State Vehicular Recreational Area into neighboring communities and schools with numerous vulnerable populations both young and old. The pollution levels routinely exceeded Federal Air Quality Standards and at times those downwind areas were the most polluted areas recorded in the US. No governmental entity including regulatory and judicial entities would acknowledge or allow arguments under the Fifth Amendment takings language.
WOW. A little bit late now.
What’s so wow about it? Explain.
Well I would think it is obvious that FIVE YEARS AFTER governments shut down private property as they now pretend it never happened it might be a tad late. But hey, you do you.
No one is pretending it did not happen. But this is about folks not using their land to go bathing. There is a bigger issue here of course. I get that.
What’s the point? Be known as the fool who blew a million buckson legal fees for the right to piss in the ocean?
But what satisfaction will they get? Reimbursement of legal fees, fine the gov. a million bucks? And who do you think pays for that?
Boy I wish I was rich and stupid to fight the government so I can piss is the water when and where I want.
There is a certain irony that this case was, in a small way, about the government taking away the right of a property owner to piss in the ocean. The unfortunate part is that took some someone rich and stupid to bring the fight. You don’t believe in govt accountability?
Dude. Missing the forest for the trees much? I, for one, am glad this rich person brought the fight to the government. The overreach, the obscene controls the government implemented absolutely need to be fought, and very few of us have the cash to do it. Be grateful and shut up.
But this is about folks not using their land to go bathing… Boy I wish I was rich and stupid to fight the government so I can piss is the water when and where I want.
Oooohhhh… the resident Democrats have declared this about nothing more than a government prohibiting you from going swimming on your own beach, alone, on your own private property.
Boy, I wish I was rich and stupid enough to pay for mental health treatment for Democrat morons. But being that rich rarely if ever exists with being that stupid.
Obvious? Seems only to you. So explain yourself.
Obvious? Seems only to you. So explain yourself.
Get a ball to balance on the end of your nose to at least amuse us, sealion.
Sealioning:
Sealioning is a form of adolescent trolling where someone persistently demands answers to insincere questions to provoke a response, often pretending to seek a civil debate while actually trying to exhaust or frustrate others with no intention of real discourse. This behavior is characterized by a facade of politeness and a refusal to acknowledge previous answers.
Often used as a tactic by whining Democrats in online forums and podcasts
Another low IQ comment from ANO.
Did you even read this story? Or make a dumb comment for nothing.
you’re the one with a “collage” degree right?
The guy who’s only reaction is … WOW.
DustOff,
Dumb comments is all the lower level elevator IQ annony moron has.
Sounds like babbling. It is babbling!
Truth just flows right past them ears of yours.
You forgot to call anon a child, idiotic, stupid and a traitor.
What’s so wow about it? Explain.
Sealioning:
Sealioning is a form of adolescent trolling where someone persistently demands answers to insincere questions to provoke a response, often pretending to seek a civil debate while actually trying to exhaust or frustrate others with no intention of real discourse. This behavior is characterized by a facade of politeness and a refusal to acknowledge previous answers. Often used as a tactic by whining Democrats in online forums and podcasts
I hope the landowners receive enormous compensation so that this outrageous abuse of government power will not occur again.
Compensation? Why? At worst it was an inconvenience at best – can’t go to the beach? Big deal. Why should other taxpayers be penalized for the actions of a few officials?
Well our resident contrarian weirdo is up and commenting in his usual moronic whatever you say is wrong idiocy.
Still hungover? Lay off the sauce old man.
HullBobby,
Well said! What a loser!
You forgot to call him a child, idiotic, stupid and a traitor.
It never seems like a big deal when its someone else’s property rights that are being taken.
Yeah, this I have trouble with. The government officials who impose the regulations should be at least partially on the hook for such BS.
At worst it was an inconvenience at best – can’t go to the beach? Big deal.
Can go to Democrat Black Liars & Marxist riots and liquor stores but you can’t go to your private beach or church? Police state fascist Democrats pronounce sentence: riots big deal, church and beach no big deal.
Gaslighting
Gaslighting is the intended psychological manipulation by a low-IQ perpetrator of those they hope to victimize through intentionally misleading that person or persons. This involves the perpetrator lying, denying events, and other methods used with the intent to have their victims doubt their perceptions of reality, memories, and feel overly emotional or irrational. Within personal relationships, it is a form of psychological abuse and torture.
The main five methods of gaslighting that may be used alone or in conjunction with others are: lying, blame shifting, countering, trivializing and withholding.
I would like the district court reasoning applied to the house the Judge lives in and see if he/she regarded that as a taking. If words are allowed to be redefined then the constitution means whatever the definer chooses as does any law. Laws then , functionally, are solely determined by power and we are without freedom.
How is such a district court judge with such a lack of reasonaing power even allowed to continue in office?
If an evacuation order is given because a vast ammonia gas cloud is rolling through your neighborhood, I expect you will stand your ground against the unfair taking. I hope your heirs don’t whine that the government did not do enough to save you.
One day, if freedom of speech still exists, history will point to Chinavirus lockdowns and censorship as the gravest intrusion of fascism in the United States. Authoritarians like Gavin Newsom would, in a just world, have to answer why a person alone on a surfboard posed a threat to public health, rather than just being an exercise in his totalitarian muscle-flexing.
gravest intrusion of fascism … Really? How about personal rights? If Newsom is to answer, what do you expect the result of that should be? Slap on the wrist is the worst.
“the gravest intrusion of fascism in the United States. ”
Hmmm. A grave intrusion no doubt. But there is competition for the title of “Gravest”. I would also nominate incarcerating US citizens of Japanese ancestry in concentration camps at the beginning of WWII. I suppose the winner might depend on how one weights scope (the number of people victimized) vs. depth (the degree of victimization). I’d much prefer the situation of living in a nation that was founded on principles of placing drastic limitations on government power to forestall such abuses. Oh, wait a minute…
A person alone does not pose a risk, but it’s not a good law if it has to spell out that one is OK, but another one becomes two; which one of the two is violating the law?
The first one there who didn’t leave when the second arrived? The second one who saw there was already someone there? Both who did not leave? What evidence will be suitable to decide what happened?
The simpler rule is the best rule. Simply being there is clear evidence. Who is first, how many are there, those are components that make law difficult.
Curious regarding your take on something; +20 years ago I purchased property with sufficient land from which to fly my toy model airplanes. I live beneath the 30 miles of Class B airspace. In recent years, due to unregulated drones (remote piloting), the FAA has imposed new regulations onto both drones ‘and’ models (different in that they’re line of sight, only). Regulations, which now preclude my flying my models at home. As this is the very purpose for which I purchased this property, I’ve suffered a loss of use – is this a fair taking and I just have to lump it? Thanks for your thoughts.
At what point does your right to play with toys override the right of federal government to protect all Americans from potential harm.
You have suffered nothing. At best hours of personal time playing with toys?
A lawyer would of course take your money, and you’ll get no recompense. Spend the + $50k and find out.
At what point does your right to play with toys override the right of federal government to protect all Americans from potential harm.
At what point would police state fascist Democrat low grade trolls finally say: okay, we’re done, we’ve taken enough control of your life that we don’t need more?
After all, you Democrat communist trolls have suffered nothing – you’re lucky that they don’t have livestock on their private property that would stomp your trespassing communist ass into the dirt after you crossed the fence into that free person’s property. What little toys did you hope to play with on private land that you couldn’t play with at home in your bed?
A lawyer will take your money to try and get an easement onto that private property you claim some ownership of, of course. Risk some of your money to try that. But don’t risk your ass trespassing on the wrong private property.
“At what point would police state fascist Democrat low grade trolls finally say: okay, we’re done, we’ve taken enough control of your life that we don’t need more?”
Those @h013$ don’t recognize the need, much less the existence, for any such line…
No hobby drone nor model airplane has ever been involved in a fatal incident, particularly with respect to manned aircraft.
Many US astronauts started with model airplanes. Now children aren’t allowed to in many areas that remain no more dangerous than before because of the pearl clutching of the US Congress. What a way to lose an introduction to a technology based hobby for American industry to draw candidates from.
No, no, no. This, this seems like a beneficial ruling, but it’s not. It was not a taking in any sense that anyone has of the word. It was a violation of their civil right to use their own property as they see fit. What’s the difference? That right gives cash to the property owners. But it doesn’t protect them from happening again? And it doesn’t protect any citizen with the right to use public property, like a public beach or park, or from being forced to comply with governmental regulations, which basically make them prisoners in their own home.
Sounds like a case of a hoard of curmudgeons looking to pick a fight. And this is what Americans will fight for? We’re doomed.
I suggest you read Martin Niemöller‘s speech “First they came from the Jews.” This EXACTLY the kind of case we should be fighting for.
I think we may be a tad too late for this awareness, mamdani is a canary in the coalmine moment.
Well said anon.
Tyrants
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