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