Friday, February 08, 2013

USA v. Mariner's Cove Townhomes Association

As part of the Hurricane Katrina repairs, the federal government used eminent domain to demolish 14 townhome units, and paid "just compensation" to the unit owners. The townhome association demanded compensation for loss of assessment revenue.  The Fifth Circuit Court of Appeals ruled that no compensation is required because, "...the right to collect assessments is a real covenant that functions like a contract not 'directly connected with the physical substance of the land.'"  The court notes that the majority view requires compensation for lost assessment revenue when units are taken, but then goes on to adopt the minority view.  Why?  Private covenants might unduly burden government's ability to exercise the power of eminent domain, and this intriguing language:  "Another theory is that real covenants
are akin to contracts; that no contract of private persons can make acts done in
the proper exercise of governmental powers, and not directly encroaching upon
private property, a taking; and that “contracts purporting to do this are void, as
against public policy.” United States v. Certain Lands (In re Newlin), 112 F. 622,
aff’d, 153 F. 876 (C.C.R.I. 1907)."

1 comment:

Cynthia Stephens said...

Yes, I believe far worse was done by Monroe County, PA Judge and former DA, Mark Pazuhanich. See below.
The worst is this horrible abuse against this young child, whom I believe was his daughter, and then the cases he ignored on the HOA, COA (CID) abuses, foreclosure frauds. Outright and knowingly fraudulent and he dropped the ball. Was it for some of his "friends" initiating and carrying out the frauds? Hum, one has to wonder. One also has to wonder why he has not spent a day in jail? Checked himself into rehab, I hear at the time, but still never spent a day in jail and the legitimate victims cases he ignored? Will they ever see justice?
The rise and the fall of Mark Pazuhanich |
National Briefing | Mid-Atlantic: Pennsylvania: Judge And Fondling ... › COLLECTIONS › ATLANTIC
Jan 6, 2004 – A former prosecutor charged with fondling a 10-year-old girl at a concert was sworn in as a Monroe County judge. The judge, Mark Pazuhanich