Words from the Rising Republics

October 24, 2020

 

CONSTITUTION DEMANDS

1. 1.Condemnation Hearing
2. 2.Eminent Domain Tribunal to determine Just Compensation
3. 3.Probate Judge Ruling
4. 4.Purchase private property for public usage with title conveyance

   provided owner consents or rental at 12% per annum interest

1. 5. Delay payments at 12% per annum interest.

 

     The City of Ozark seized 285 East Broad Street property outside Eminent Domain proceedings and must pay the lawfully established 12% per annum interest delay payment amount until the property is returned for private usage.

 

Delay Payment Chart showing three possible property values.

Interest 12% per anum and no title conveyed.

 

Property Just compensation value varies as shown with yearly payments delayed

 

$659,000.00 Property Tax appraisal       $109,833.33 2013

      $659,000.00 2014-2019

          $109,833.33 2020 to date

                                                                    $878,666.66 Total Due

 

$4,500,000.00 2008 Prudential Appraisal   $625,000.00 2013

                                                                     $4,500,000.00 2014-2019

                                                                        $625,000.00 2020 to date

                                                                     $5,750,000.00 Total Due

 

$2,250,000.00 One-half Prudential             $312,500.00 2013

                                                                    $2,250,000.00 2014-2019

                                                                       $312,500.00 2020

                                                                    $2,875,000.00 Total Due

 

 

 

 

PUBLISHED MOTIVATION: PRESERVE OZARK HISTORY

 

PUBLIC SERVANT’S OATH OF OFFICE

I,                                                                                     , do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God.

 

DUTY DEMANDS

 

CONSTITUTION OF UNITED STATES OF AMERICA 1789 (REV. 1992)

AMENDMENT V

nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

MAXIM OF LAW BEFORE THE CONSTITUTION

What belongs to us cannot be transferred to another without our consent. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by judgment of a competent tribunal.

 

“All laws which are repugnant to the Constitution are null and void.” Marbury v. Madison 5 US (2 Cranch) 137, 174, 176,

LAWFUL POSITION OF PRIVATE PROPERTY OWNER

 

"A well-established principle which has acquired the force of a maxim is to the effect that a plaintiff in ejectment can recover only on the strength of his own title, and not on the weakness of his adversary's. The defendant is not required to show title in himself, and he may lawfully say to the plaintiff, "UNTIL YOU SHOW TITLE, YOU HAVE NO RIGHT TO DISTURB ME." American Jurisprudence 2d Volume 25 §19. Strength of own title.

PRECEDENT LAW ON EMINENT DOMAIN

 

REQUISITES FOR A VALID EXERCISE OF EMINENT DOMAIN:

     1. Expropriation is for a public use

     2. The payment of just compensation to the property owner.

                 a. it must be real, substantial, full, and ample

                 b. should be made within a “reasonable time” from the taking of the property

                 c. any further delay in the payment will result in the imposition of 12% interest per annum.

 

PUNISHMENT FOR WRONGS

42 USC §1983 provides that every person who, under color of any statute. ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

 

18 USC §242 provides that whoever, under color of any law, statute, ordinance. regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States ... shall be fined under this title or imprisoned not more than one year, or both, and if death results, or if such acts include kidnap ping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

American Jurisprudence 2d § 611 DUE PROCESS applications

However, even when self-help repossession is valid under applicable due process standards, when state law enforcement personnel are present in the course of what began as a self- help repossession, the proceedings become state action and the debtor must be given notice and opportunity to be heard or there is a deprivation of constitutional rights. Waisner v Jones, NM 260, 755 P2d 598, 6 UCCRS2d 1374.

 

CONCLUSION

 

Without Eminent Domain no property is privately owned.

 

The government has been delegated only three powers:

1. 1.POLICE POWER
2. 2.EMINENT DOMAIN POWER
3. 3.TAXATION POWER

 

OUR DUTY AS CITIZENS

 

"It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error."  American Communications Association v. Douds, 339 U.S. 332, 442 (1950).

 

Prepared by Haywood Jackson Mizell holder of legal title to 285 East Broad Street, Ozark, Alabama. The attorney who orchestrated the property seizure has been sentenced to 15 years in federal prison and must make restitution.

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