Seizure law riles Cooper City residents

Seizure law riles Cooper City residents

This is a discussion on Seizure law riles Cooper City residents within the Off Topic & Humor Discussion forums, part of the The Back Porch category; And here I have a weapon because I was worried about a BG taking my stuff that I had planned for, paid for, and stored ...

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Thread: Seizure law riles Cooper City residents

  1. #1
    Member Array osanmike's Avatar
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    Seizure law riles Cooper City residents

    And here I have a weapon because I was worried about a BG taking my stuff that I had planned for, paid for, and stored to take care of my family during an emergency and the city government in the city below is going to tell thier citizens that they cannot have weapons during an emergency, and they (The government) can take thier property if they feel they need it more than than the owners. I would be angry also.


    COOPER CITY The city has given itself the right to seize its residents' personal property for public use in an emergency.
    And although commissioners say it would use its new law only in "an exceptional disaster," some residents are furious.
    "These people, with their mindset, should be arrested and put in jail for even attempting to do something like this," said Tim Wilder, a mobile mechanic who owns emergency tools and equipment.
    Commissioners on July 25 approved the law in anticipation of a busy hurricane season, to ensure the city could assist residents quickly. But they said they wouldn't enforce it unless there were no other options. "There's always the possibility of abuse of power," Commissioner Elliot Kleiman said, "but it's not going to happen here."
    Property that could be taken includes a truck to transport emergency workers or a building to shelter disaster victims.

    Fort Lauderdale has had a similar law on the books since 2004. Mayor Jim Naugle said no one has complained about it because residents and businesses understand that governments must protect and assist them in times of disaster.

    But he said, "We haven't had to exercise the authority. We try very hard to prepare ourselves for emergencies."

    The state has the same power, but Mike Stone, a spokesman with the Division of Emergency Management, said he couldn't recall Florida ever using it. Still, he said, it's a necessary tool.

    "You don't know what you are going to be facing," Stone said. "You don't want to limit your ability to render services."

    Cooper City business owner John Sims owns two trucks, a 7,500-watt generator and chain saws. He said that despite the law, "I intend to not allow anyone on my property without a warrant. I'm going to use my equipment to protect my family prior to allowing the city to [take my equipment]."

    Under the city law, once the city declares a state of emergency, officials would be able to regulate fuel and alcohol sales, close any place of public assemblage and prohibit public possession or display of firearms. In addition, they would be able "to confiscate merchandise, equipment, vehicles or property needed to alleviate any emergency condition."

    Confiscated property would be returned within 30 days after an emergency ends. And the city must compensate an owner for using personal property, which would have to be returned in the same condition in which it was seized.

    The plan was advertised in local newspapers for several days before it became law. Commissioner Bart Roper said only one resident complained during a public hearing, when the item was discussed and approved by a 4-0 vote.

    Barry Butin, an attorney with the American Civil Liberties Union in Broward County, said there is no need to confiscate property because both the state and federal governments help cities after disasters.

    "It's just political grandstanding," Butin said.

    Weston has an emergency management law, but it doesn't allow the city to seize private property, Mayor Eric Hersh said.

    "We certainly do not have any desire to infringe on people's personal property," he said.

    Lorie Mertens, an assistant city manager in Hollywood, said her city uses its own equipment and makes service arrangements with contractors before a hurricane strikes.

    Kleiman said Cooper City residents should be happy because their city has taken preventative steps to ensure their well-being.

    Wilder, who owns chain saws, a 45,000-watt generator and several trucks, said the law is unconstitutional because city officials could take his property against his will.

    "These clowns think they can come to your home anytime they want," he said.
    "No man's life, liberty, or property is safe while the Congress is in session."
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    ''We will protect you'' - hmmm - yeah, right!
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    VIP Member Array ccw9mm's Avatar
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    Like "publishers" of documents pushing the printing costs downstream (to users via the use of Adobe PDF files), government continues to push costs downstream. This is simply one of the more 1984-style examples. At one time, this was a country where (a) the rule of law held, and (b) property rights of its citizens were taken seriously. This kicks a post out from under each.

    Cannot imagine this will hold water, constitutionally.
    U.S. Constitution: Amendment IV
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    U.S. Constitution: Amendment V
    No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
    Though, I wonder if Amendment V would only apply to those held to answer for capital crimes. Hm.
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    Lew
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    The real problem is the approach the city has taken. Yes it is disgusting that they would write a law of this nature, when instead, they should take the time and Prepare them selves! If they were to go out and purchase generators, stock pile fuel, equip the town maintence department with chainsaws, etc. Buy and stockpile blankets. All the things they will need and Will steal from their own people. You say no no they will get "Just compensation", yes they will but they will not get it untill a month after they don't need it any more...

    The weak are in power and look for other people's thumbs to use to plug the leak in their own short commings.
    There are 2 types of people, victims and the prepared. I choose to be prepared....

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    wow, just when i think i have heard it all something like this pops up.....

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    U.S. Constitution: Amendment V
    No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
    Any "law" that is passed that is contrary to Constituition is null and void, unfortunatley city councils often forget this fact and need to be reminded.

    Since there is no time limit for just compensation, it would seem to imply that a city offical could not legally say that it would happen after 30 days. If they could not offer compensation ON THE SPOT, then it would be no different than stealing. That fact that a public official declares it to be otherwise, does not make it so.

    Therefore the appropriate answer would seem to be offered by aiming a 12 guage at said offender and offering to shoot those that try to take illegal possesion of property.

    Until people start confronting these issues head to head, they will only become more common. Reminding the folks that make these laws that their stance on it wll result in them losing their bid for reelection is just about the only language that they understand.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Senior Member Array GoodSamaritan's Avatar
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    This isn't an ideal solution, but it will work.

    Let's see them try to steal a truck with some small but vital parts missing.
    If you know your way around an engine compartment you can quickly disable a vehicle in ways that are easy to correct, yet difficult for others to figure out.

    If you have a chainsaw or other equipment that you know is heading south, let them steal it then throw a fit when they bring it back dead.
    Beyond that, if it is inside a building,or house they will need a search warrant.

    I have similar complaints with our local city government with regards to illegal searches. Our local "building inspector" was caught in my driveway pilfering through our vehicles. When I went to have a little sit down with the mayor, he pretty much told me that the city would do whatever it liked. Needless to say I will be voting for his competition this november.

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    When I went to have a little sit down with the mayor, he pretty much told me that the city would do whatever it liked.
    Yep, thats what you get into...
    The Yahoos in charge either dont know about the US Constitution, or dont care...and its up to us to bring it to their attention.

    The problem is...they get by with the crap 99% of the time...and that fact alone justifies their further efforts.

    Its downright wrong...but thats the way it is...
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  10. #10
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    Quote Originally Posted by GoodSamaritan View Post
    If you know your way around an engine compartment you can quickly disable a vehicle in ways that are easy to correct, yet difficult for others to figure out.
    Just reverse the center wire on the distributor cap with one of the cylinder wires. No go then..................

    Where's Cooper City? Remind me to never go there.........

    Cretins, morons and worse.............

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    Lew
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    Quote Originally Posted by GoodSamaritan View Post
    Let's see them try to steal a truck with some small but vital parts missing.
    If you know your way around an engine compartment you can quickly disable a vehicle in ways that are easy to correct, yet difficult for others to figure out.
    For my 84 K5 Blazer I bought a 300 amp batter kill switch. I fabed up a bracket for the switch and mounted it next to the battery on the inner fender. I mounted it so when you look at it it really looks like a ford style starter solinoid. You reach under and slightly behind to operate the switch. One Flip and the entire vehicles power supply is killed. It cost a total of 15 dollars start to finish.

    If you have a chainsaw or other equipment that you know is heading south, let them steal it then throw a fit when they bring it back dead.
    Have a video camera rolling footage on them as they do it and turn a copy over to FOX News! He he he

    I have similar complaints with our local city government with regards to illegal searches. Our local "building inspector" was caught in my driveway pilfering through our vehicles. When I went to have a little sit down with the mayor, he pretty much told me that the city would do whatever it liked. Needless to say I will be voting for his competition this november.
    He WHAT!?!?!?!

    I would have called the police and charged him with breaking and entering. Where was the video camera when you needed it. I would Keep one handy all the time. Or be discrete about it and film the SOB with your video camera phone. Mine takes great videos.
    There are 2 types of people, victims and the prepared. I choose to be prepared....

    "Bless thee, O Lord, This handgrenade, that it may blow thine enemies to bits. Amen" ~Monty Python's Holy Grail

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    Where's Cooper City? Remind me to never go there.........
    Broward County, South Florida. Liberal Hotbed second only to Palm Beach County.
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    VIP Member Array ccw9mm's Avatar
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    Confiscated property would be returned within 30 days after an emergency ends. And the city must compensate an owner for using personal property, which would have to be returned in the same condition in which it was seized.
    Right. The mere fact that it was used guarantees it's not in the same condition. Would you purchase a used-car being sold by the Hertz rental car group? Ever seen the sorts of things folks tend to do with rental cars? ******* on product that isn't theirs, essentially. Gov't is gonna treat my stuff right, merely because they say so? Perhaps they'd cut a check. If that were to happen, it would meet the letter of the law (IV Amendment). Doesn't make the autocratic taking of my property right, emergency or not.

    Those who craft the definition of what consititutes an emergency are in charge of confiscation under such emergencies. Just a bit too much like like the fox guarding the hen house.

    The plan was advertised in local newspapers for several days before it became law. Commissioner Bart Roper said only one resident complained during a public hearing, when the item was discussed and approved by a 4-0 vote.
    Advertised in the obits section, likely. Unknown what this "public hearing" consisted of (ie, advertised in advance?, 2mins speaking only?, 30mins devoted to the topic only?). Something so insidious probably warranted a public discussion period, frankly. Though, it's not hard to see why the city council wouldn't want that.

    ACLU attorney was advised and had only a slight problem with it? Amazing.

    Given the reference to Fort Lauderdale, I'm assuming it's the Cooper City in Florida.
    Last edited by ccw9mm; September 10th, 2006 at 08:52 PM.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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  14. #14
    VIP Member Array Sheldon J's Avatar
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    Besides being unconstitutional and a direct violation, that would start a war in say Oh I don't know say any where, at least it did here in the late 1700's
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century

  15. #15
    Senior Member Array GoodSamaritan's Avatar
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    Quote Originally Posted by Lew View Post
    For my 84 K5 Blazer I bought a 300 amp batter kill switch. I fabed up a bracket for the switch and mounted it next to the battery on the inner fender. I mounted it so when you look at it it really looks like a ford style starter solinoid. You reach under and slightly behind to operate the switch. One Flip and the entire vehicles power supply is killed. It cost a total of 15 dollars start to finish.
    Sounds like a good investment. Might be a tad easy to troubleshoot though if someone knows what they are doing.



    Have a video camera rolling footage on them as they do it and turn a copy over to FOX News! He he he
    Of course.

    He WHAT!?!?!?!
    I would have called the police and charged him with breaking and entering. Where was the video camera when you needed it. I would Keep one handy all the time. Or be discrete about it and film the SOB with your video camera phone. Mine takes great videos.
    Unfortunately I wasn't home when it happened, and didn't get there in time to do anything about it. If it ever happens again, and I catch them in the act, I will try my best to get pictures of the guy and then call KYSP. Hopefully this goon and his ilk will get booted out of office in november.

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