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    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
    Ebook52 pages36 minutes

    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion

    By James Constant

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    About this ebook

    1. The Fifth Amendment requires (1)that valuation and payment, with adjustments for rapid increases in property values and delays in payment, are made before taking of private property by government and (2)that owners cannot have property taken without the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Pursuant to its quick action laws, the State of California (1)condemned private property without making valuation, payment and adjustments before taking private property and (2)condemned private property without affording owners the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking.

    2. The Fourteenth Amendment requires a valid policy reason for the disparity between the State and private owner litigants. California's quick action laws allow immediate possession of private property by the State and protracted litigation burden for the property owner.

    3. California's quick action laws deprive property owners of their 5th Amendment rights for due process and just compensation and 14th Amendment right for equal treatment?

    LanguageEnglish
    PublisherJames Constant
    Release dateAug 8, 2013
    ISBN9781301211562
    Supreme Court Eminent Domain Case 09-381 Denied Without Opinion
    Author

    James Constant

    writes on law, government, mathematics and science, as they are and as they should be

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      Book preview

      Supreme Court Eminent Domain Case 09-381 Denied Without Opinion - James Constant

      Supreme Court Petition Denied Without Opinion Eminent Domain Case 09-381

      Skipping Constitutional Mandates

      By James Constant

      Smashwords Edition

      Copyright © 2010 by James Constant

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      No.09-381

      IN THE SUPREME COURT OF THE UNITED STATES

      October Term, 2009

      JAMES CONSTANT

      Petitioner,

      v.

      Superior Court of the State of California, County of San Bernardino, S-35, Case No. SCVSS 096961

      Court of Appeal of the State of California, 4th District Div 2 Consolidated Cases EO44802 and EO45320

      Supreme Court of California Case S173448

      THE PEOPLE OF THE STATE OF CALIFORNIA, acting by and Through the Department of Transportation, Real Party in Interest

      Respondents.

      PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF CALIFORNIA

      James Constant, pro per

      i

      QUESTIONS PRESENTED

      1. The Fifth Amendment, as incorporated to the states, requires that valuation and payment, with adjustments for rapid increases in property values and delays in payment, are made before taking of private property by government. Pursuant to its quick action laws, the State of California condemned private property without making valuation, payment and adjustments before taking private property. Do California's quick action laws deprive property owners of their 5th Amendment right for just compensation?

      2. The Fourteenth Amendment requires a valid policy reason for the disparity between the State and private owner litigants. California's quick action laws allow immediate possession of private property by the State and protracted litigation burden for the property owner. Do California's quick action laws deprive property owners of their 14th Amendment right for equal treatment?

      3, The Fifth Amendment, as incorporated to the states, requires that owners cannot have property taken without the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Pursuant to its quick action laws, the State of California condemned private property without affording owners the opportunity to conduct pre deprivation discovery necessary for the preparation of their defense to the taking. Do California's quick action laws deprive property owners of their 5th Amendment right for due process?

      ii

      LIST OF PARTIES

      All parties appear in the caption of the case on the cover page.

      iii

      TABLE OF CONTENTS

      OPINIONS BELOW

      JURISDICTION

      STATUTORY PROVISIONS INVOLVED

      STATEMENT OF THE CASE

      No Pre Deprivation Valuation And Payment

      No Adjustment For Rapid Land Increase

      No Adjustment For Delay in Payment

      No Valid Policy Reason For Unequal Treatment of Litigants

      No Pre Deprivation discovery

      REASONS FOR GRANTING THE WRIT

      Constitutional Questions Presented

      Are First Impression

      Objections to Appeal Court's Opinion

      Federal Sovereignty is

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