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lady probably sat thru a Westgate presentation....

TUGBrian

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theo

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Westgate has an established track record of taking litigation as far as they can. I wouldn't expect to see this unfortunate matter resolved anytime soon.
It will (and has already) cost Westgate a lot of money to not have pursued and reached a mutually acceptable settlement in this matter. Too bad, so sad. :D
 

TUGBrian

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moonstone

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jwalk03

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Good for her! Too bad Westgate will get that $1.5 million back on the backs of unsuspecting timeshare prospects with lies, lies, and more lies!
 

dioxide45

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It is about supply and demand after all. The first sets of condos should have sold cheap because there was a lot out there. When there is only one left and someone with deep pockets wants it, they should expect to pay a lot for it.
 

MuranoJo

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I've been watching these posts and very happy with the eventual outcome. Talk about standing your ground!
 

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ha...appears someone figured out the details of the settlement... 1.5million bucks!

It's not rocket science to figure out. In our county, for example, the deed transfer tax is $2 per $1000 of price. Tax on $1.5 million would be $3000. Those fees are public record. Just drop in at the county assessor office or look it up online. All the transfers (parties' names, address, and tax) used to be published daily in the paper, too, until they were removed to save costs.
 

WalnutBaron

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Private companies cannot use eminent domain. Only government agencies, and then it is supposed to be bona fide public use.
On the contrary, the highly-controversial 2005 Supreme Court ruling in the case of Kelo vs. City of New London allowed for a private developer to declare eminent domain over a private property owner for the development of a retail and residential complex in a distressed part of the city of New London, Connecticut. This landmark ruling--which was narrowly decided on a 5-4 vote--pierced what had previously been a rock-solid wall excluding all but public agencies to exercise the incredibly powerful lever of eminent domain taking of private property.

To this day--some 12 years later--it is still shocking to consider that such an action can be taken by a private developer. And the longer it does without a subsequent Supreme Court challenge, the more likely it is that it will eventually be considered "established law".
 

x3 skier

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As I have read Kelo, it was the City of New London that exercised the right of Eminent Domain, not a private party. The difference and expansion by the court was the City used the rationale of economic development to benefit the region to take property from one private party to benefit another private party using the City’s power of eminent domain. The developer ultimately benefited but the developer did not have any right to use eminent domain, nor do they today.

Many states have subsequently passed laws or amended their constitutions to prohibit the Kelo decision from being used by any City, government agency, etc.

Cheers
 

T_R_Oglodyte

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On the contrary, the highly-controversial 2005 Supreme Court ruling in the case of Kelo vs. City of New London allowed for a private developer to declare eminent domain over a private property owner for the development of a retail and residential complex in a distressed part of the city of New London, Connecticut. This landmark ruling--which was narrowly decided on a 5-4 vote--pierced what had previously been a rock-solid wall excluding all but public agencies to exercise the incredibly powerful lever of eminent domain taking of private property.

To this day--some 12 years later--it is still shocking to consider that such an action can be taken by a private developer. And the longer it does without a subsequent Supreme Court challenge, the more likely it is that it will eventually be considered "established law".

As I have read Kelo, it was the City of New London that exercised the right of Eminent Domain, not a private party. The difference and expansion by the court was the City used the rationale of economic development to benefit the region to take property from one private party to benefit another private party using the City’s power of eminent domain. The developer ultimately benefited but the developer did not have any right to use eminent domain, nor do they today.

Many states have subsequently passed laws or amended their constitutions to prohibit the Kelo decision from being used by any City, government agency, etc.

Cheers
As x3 skier points out, it was the City of New London that exercised eminent domain. Quoting from the Wikipedia that you cited (emphasis added):

This case was appealed to the Supreme Court of the United States from a decision by the Supreme Court of Connecticut in favor of the City of New London. The owners, including lead plaintiff Susette Kelo, sued the city in Connecticut courts, arguing that the city had misused its eminent domain power.
 

WalnutBaron

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x3 and TR are correct. I stand corrected. Thanks for the clarification.
 

dioxide45

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While it is true that the city exercised eminent domain, they ultimately did it for the benefit of a private corporation, under the cover of public benefit/use. It was after all private development that was being put there. The public benefit was more tax dollars for the government. Westgate possibly could have done something similar in this situation and had the city of Orlando exercise eminent domain in the quest for jobs and tax revenue.
 
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T_R_Oglodyte

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While it is true that the city exercised eminent domain, they ultimately did it for the benefit of a private corporation, under the cover of public benefit/use. It was after all private development that was being put there. The public benefit was more tax dollars for the government. Westgate possibly could have done something similar in this situation and had the city of Orlando exercise eminent domain in the quest for jobs and tax revenue.
And that is the big problem with the Kelo decision. While eminent domain can still only be done by governmental agencies, it endorses governmental agencies to operate in cahoots with private developers to seize private property and transfer ownership to private parties for nebulous public benefits.

The scope of eminent domain should be limited to public projects. Use of eminent domain for private development should be prohibited. Even if the taking can be "justified" by tax increment, that is not reason to usurp private ownership rights.
 

WalnutBaron

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And that is the big problem with the Kelo decision. While eminent domain can still only be done by governmental agencies, it endorses governmental agencies to operate in cahoots with private developers to seize private property and transfer ownership to private parties for nebulous public benefits.

The scope of eminent domain should be limited to public projects. Use of eminent domain for private development should be prohibited. Even if the taking can be "justified" by tax increment, that is not reason to usurp private ownership rights.
Well said, and I heartily agree. There is nothing more basic to the foundations of our Republic than the preservation of private property rights. The Kelo decision blasted a huge hole in those rights 12 years ago, and those rights absolutely must be restored.
 
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