Court allows Duluth school district to seize Piedmont land
June 16, 2011 at 6:30 am in Duluth News Tribune
The Duluth school district received court permission this week to seize a parcel of land it needs for its long-range facilities plan.
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I’m sorry, but this is just plain WRONG! Why should any of us continue to pay our property taxes knowing that IF the City wants our property, for whatever reason, they can just take it? And all of this for a decreasing enrollment of students! PITIFUL! This city shouldn’t have to wonder WHY it can’t attract any new residents or businesses when this is PUBLIC news! DISGUSTING!!!!!!!!!
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That judge obviously received a nice payday from the school bored. It’s no longer just politicians that ask the question “How much money can I expect to get for the compromising of my core values?”
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I agree with Julie,,,,,,,,,,,,,,,,,,,,,,,,and Dead Inside—think about this, he is a judge, there was no compromising of core values involved—-he makes decisions like this everyday to make the whole appeal/courtroom/social system/lawyer hours spent/back to courtroom process carry on for years to prolong his job and the need for more judges/court reporters/probation officers/social workers………………………
The whole “common sense” idea has left our court system. The common person means nothing to politicians or judges and attorneys, it all about “what can I get out of the system “for me”.
If they get this land, they should have to pay his original investment, plus whatever a good investment would have made all those years in addition to the amount he paid in taxes and what that would have earned in other investments IN ADDITION to todays value.
This guy held the land in his name and had to pay taxes to keep it–all to find out he never “really owned” it at all. DISGUSTING!!!!!! is right
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I agree with you on the amount the school should have to pay Mr. Kuiti. As far as the rest of your drivel regarding “common sense” missing from the court system, you sound like a nut who somehow believes that the “system” owes you something. How did the “system” wrong you, or what examples can you provide of the “system” wronging you?
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Just another reason to never own property or a business in Duluth or Minnesota. This judge should be removed from office. The use of eminent domain in MN is getting closer to Nazi Germany.
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Hidden due to low comment rating. Click here to see.
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Our church is next! Theyve already managed to empty the parsonage, forcing one of our ministers to move! And whats this about that the schoolboard has to borrow money now?!!! Personally I feel these people dont care about anything or anyone except what benefits them and every one of them needs to be replaced with reasonable, and responsible members. I think I’m looking forward to elections….!
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And the government wonders why the taxpayers
and voters of America are fed up with the judicial system, and the politics of those we are forced to choose as voters in elections?
Revolution gets closer by the day.
I agree with the above postings!
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Sigh. If this were happening to anybody else I might agree with you (and certainly will if it affects the church further than a parsonage). But the “X” factor here that most people cannot know is that Kuiti has been a pain in the neck to all the business in that area for years, constantly complaining and trying to stir up trouble for all the businesses on that block. In his dealings with the school district he has been no less petty and jerkish (there was another word I wanted to use here). To be sure, the school district has badly mishandled this, but seriously don’t feel bad for this jerk. He deserves what he gets.
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Jerk or no jerk……..this is just plain wrong!!
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Whether you feel this guy is a jerk or not, the fact that a government entity can arbitrarily deem your property as theirs because they need it is absolutely disturbing. How long until they want your property because they feel they need it to build a “access road to a loading dock”. There will be a Revolution in our country in the next 20 years, our government has gotten too big and too powerful. They need to be reminded who is actually in charge – the taxpayers.
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If the decision to take is, in fact, “arbitrary” in the legal sense, then the condemning authority cannot take property. Both Minnesota and U.S. constitutions require public use and necessity in support of a taking. No property can be taken without “just compensation,” defined as fair market value plus any damages to the remainder not taken. Owner has right to a hearing before commissioners, appeal to jury trial, and all other due process protections. We would not have highways, schools, power lines, pipelines, flood control, etc. etc. if we did not have eminent domain. The recent “big” issue in the law has been whether taking private property in order to have it redeveloped into higher value private developments is a “public use.” Google “Kelo” decision.
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Thank you, thank you, thank you ipsofacto. Finally someone with common sense!!!
Yes, both the US and MN constitutions allow takings such as this. Takings happen regularly throughout the entire country – completely unrelated to the Duluth School District, Duluth, Minnesota, or Judge DeSanto.
It is assinine in the least for everyone to assume this judge is corrupt because he is following the law. Wow, people!
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ipsofacto and apersson: Many of us do not need the law or constitution recited to us, it’s the entire principal at stake here! We all know he’s being paid supposed “fair market” value for that property, BUT, he may NEVER have wanted to sell to ANYONE, and THAT should be HIS choice as sole owner of that property, and taxpayer on that property, money or no money, and no matter what a jerk he is, 2 or 3 wrongs don’t make it right! PRAY someday that this does not happen to you, to have your home demolished for a loading dock or parking lot! and lets not forget, it’s all for a DECLINING enrollment where they’ve already had to lay teachers off and more to come! DISGUSTING!!!
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BOOM!
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Eminent domain happens all the time. Seriously, it’s like people don’t understand how private property works. Everyone seems to think that, “It’s mine. Mine. Nobody else has anything to do with me. Mine. Me. Stay off. My property. Mine.” In reality-land, you’re a part of a community. You share the sewers. You share the gas lines. You share the power cables. You share the water pipes. You share the sidewalks. Without those things, your property would be worthless! Since when did everybody become so self-centered?
While I do think that eminent domain should only be used when absolutely necessary, some of the comments on here are absolutely ridiculous. People are like, “OMG! The government is doing something! AHH! Tyranny! Nazism!” Seriously? Grow up, take the check, and move on.
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I wish someone would give me $76K for MY empty backyard…
With that being said, I wonder what the naysayers would be saying if they were on the other side of this equation…? Probably not “Hey, this poor guy is losing some land due to eminent domain!” More likely: “Hey, what is this jerk doing trying to stop our project from going through… we should just take that land with eminent domain!”
This whole damn city is filled with hypocrites.
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Ya, because everyone with even a little bit of common sense would build new expensive schools when’s there’s plenty of older ones around to renovate/remodel/maintain.
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Approve your comments? Grow up? Like to know where you get off! Not everyone wants a “Check” for their land (property) and to move on! People are happy living their lives on their privately owned land and without eminate domain looming over them! Our church is at stake and I resent your entire comment on this subject; Mr. Furgler. You grow up and open your eyes to the fact that this school board is out of hand and stating that comments here are ridiculous is totally unacceptable!
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Queenofgreen, with all due respect… eminent domain is part of the deal. You should be so lucky to have a nice little family home up in Piedmont Heights in the first place. So the government is trying buy up your house? That’s a good problem to have, frankly.
My grandparents (who are close to your age) already owned a house, had decent jobs, and were having kids before they were my age (23)… and they didn’t even graduate HIGH SCHOOL. The economy was great! Right now, in 2011 however, I don’t know a single person my age who owns a home of their own. Yet, I know lots of people who have graduated COLLEGE and are back living with their parents. Many people in my generation have already come to terms that they will never even have the opportunity to own private property. And you want me to open MY eyes? Man… What a luxury it must be that the school board is the biggest of your problems! This country is going under, and youth are going down with it. Again, I mean no disrespect, but you will get very little sympathy from me.
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Furgler, I never said where I live; You have no idea how old I am; we have lots of friends who own their own homes and land; and I never asked for YOUR sympathy! Grow up!
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