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View Diary: Early voting in Virginia. (26 comments)

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  •  Found the WaPo link. Thanks (1+ / 0-)
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    totallynext

    Property rights amendment would put an onerous burden on local government

    Yep that article changed my mind:

    1. It enshrines business special interests in the constitution. Would be hard to undo.
    2. Requires businesses to be compensated for lost profit even though their property could ultimately be more valuable due to the construction.
    3. General concept of amendment already in existing law
    4. Could make future infrastructure improvements prohibitively expensive

    •  Sorry to hear that (0+ / 0-)

      I'd already seen the article, and I just don't think it is well reasoned. Item 1 is just to get the Democratic base riled up. Items 2 and 4 are pure speculation. That's all window dressing though.

      Item 3 is the key....because the restriction is in state law and not part of the constitution, it can be modified at will by the legislature. Concerned about business interests trumping personal? Who's most likely to influence the legislature...?

      •  Unfortunately (0+ / 0-)

        The language is loose enough in what would be put in the state constitution that the legislature will be able to make that determination anyways (who do you think is going to determine "true" public use?).  Keeping it as a law would allow citizen groups to fight it more effectively than if it is in the constitution.  That is a basic fact, not just "...to get the Democratic base riled up..." - please see your local lawyer if you don't understand why.

        However, at the end of the day, any arguments around it is moot.  It sounds too good and the average voter will vote for it no matter what.

        "The truth is rarely pure and never simple." - Oscar Wilde

        by unbound on Fri Nov 02, 2012 at 10:15:04 AM PDT

        [ Parent ]

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