Monday, April 15, 2013

Blog Post 2 Houa Vang

 In 2012 on KFSN New say that large marijuana grows are becoming more common on the valley’s farmland. Farmland owners can be at risk of having the feds take their land away from them. The Fresno County Farm Bureau hosted an information meeting for the farm land owner to prevent their land from taken away by the feds many which were warned by the US attorney that they could lose their property or be prosecuted if they allow marijuana plantations on their land. The US attorney is looking into illegal activities use in farmland such as growing marijuana.  This involves government and governing which means that landowner is being forced to forfeit their land to the Feds for illegal activities and violating government regulation.  

                Here there are several ways that government can take private property which is eminent domain.  Eminent Domain according to the Real Estate Analysis Environments and Activities said a government’s right to take private property for the benefit of the public. The government is required to provide just compensation to the owner of the property being taken.  In any case farmland that grown illegal marijuana has nothing with government project but violate the government regulation on property. By governing or government regulation under the police power regulation which is government right to regulate private property for the health, safety, and welfare of the public. Growing marijuana is an illegal cultivation of plant which creates crimes and illegal selling of marijuana which cause the safety and health of the neighbor and areas surrounding it. If the property is found to have any illegal activity the police power or government has the right to claim the land from the owner.

            For a government to take a private property by not having to dispute Base on Find Law the government can seize a person property if the property is being used for a criminal purpose and the government can take it without paying the owner.  Property seizure is done by probable cause which is need for stander requirement for the police to claim that the property was used as an illegal activity. But if the government or the police fail to provide evidence to proof that the land property was use for illegal activity the owner can sue the police or bring a claim against them.

                According to Policing for Profit say that the profit motive in civil asset forfeiture laws provides a critical incentive for abuse.  The property owners can reclaim seized property on forfeiture power and the legal procedures protect this ability to reclaim his property. There are two way to determine how easily property owners can defend their property from the feds and the standard of proof required to demonstrate that the property should be forfeited. The government can only take or the owner must forfeit his property if he is found guilty of abusing the land and violating the government regulation on property.

Government have the power to govern private property whether it is for safety, health or benefit for the public, the government have partial authority over private properties.  In order to govern property the people must give up some of their right in order for the government to serve and protect private properties. For example we see that in Fresno California common issues that come up is government seizing landowner property for illegal activity has been on the news, some are in the urban areas to farmland also in backyard of neighborhood which creates crime and violence in the surrounding area.  By taking these property will stop illegal activity the neighborhood.  


J. Andrew Hansz, Real estate Analysis, Kendall Hunt Publishing Company 2010, April 8, 2013

Find Law, Can the Government Seize My Property without Paying Me? Thomson Reuters business. 20013, April 12, 2013

ABC30, Growing marijuana? Feds can take your land, Saturday, 2013 KFSN-TV/DT, April 8, 2013

Williams, Holcomb and Kovandzic, Policing for profit, institute For Justice 1997-2013

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