Re: Appellate Court Ruling for NWPCo
Author: T.J.
Date: 10-07-2014 - 11:50
Though the "fascists" that run Kaliphony are so ignorant of Constitutional law that they keep on trying, as though they had infinite powers; such purported laws that cancel contractual rights already existing when the law passed, wouldn't even make it out of the lowest court in the land. The only thing the State could do is to require registration of FUTURE easements. They can't touch existing easements.
1) The Constitution specifically prohibits the abrogation of existing contracts (which is exactly what an easement agreement is), by any branch of government - state or federal; the only exception being if a contract clause itself directly violates the Constitution itself (example: race based restrictive covenants in title deeds).
2) The State's canceling or voiding of a land owner's contractual rights without due process of law and just compensation, would constitute an illegal confiscation of private property - also outlawed in the Constitution.
Yeah I know - "the Constitution just gets in the way sometimes", as the President said in early spring of 2009. BUT IT IS STILL THE LAW OF THE LAND! whether he says so or not - if that matters to anyone.