Haywood Jackson Mizell v. City of Ozark, Alabama
SocialSecurity Takings DueProcess FifthAmendment FourthAmendment Privacy JusticiabilityDoctri
Whether the City of Ozark's appropriation of private property for public use without just compensation violates due process and eminent domain principles
1. Whether or not the Supreme Court is also a Court of Equity in Taking/Compensation Complaint, which will intervene and require just compensation to be made, now that the City of Ozark has appropriated private property for public use and denied due process just compensation, including delay rental, not made first to the owner? 2. Whether or not a municipality can take private property, without paying just compensation, which in all cases, shall continue to be first made to the owner, taking instead by simply acquiring the mortgage or deed of trust that shows on the recorded document an amount that is 6% of the appraised property value and without holding a public hearing condemning the property that is eligible for public use? 3. Whether or not USMD of Alabama and the Eleventh Circuit Court of Appeals were in error when both failed to award damages, as Alabama Courts have asserted in that a court of equity should award damages even though no other type of relief is sought?” 4. Whether or not the following statements made by the Supreme Court are still considered the most influential of Taking/Compensation principle as found in Armstrong versus United States (1960)? Where the Supreme Court wrote: “The Fifth Amendment’s [Taking Clause] was designed to bar government from forcing some people alone to bear public burden which, in all fairness and justice, shall be ii borne by the public as a whole.” “This means more than merely the government taking a privately owned asset for itself. It also includes situations in which the government permanently deprives a private owner of possession of the asset or give the asset or the right to occupy the asset permanently physically to someone else.” 5. Whether or not these requisites are still lawful for a valid exercise of Eminent Domain ? City of Ozark used none of these as a guide for its said seizure for an office building for the Chamber of Commerce. A. Expropriation is for public use. B. The payment of just compensation to the property owner. C. it must be real, substantial, full, and ample. D. should be made within a "reasonable time" from the taking of the property. E. any further delay in the payment will result in the imposition of 12% interest per annum. 6. Whether or not denial of just compensation still constitute a denial of due process of law as the Supreme Court expounded in 1897 in Chicago, B.& Q.R.R. v. Chicago 166 U.S. 226 (1897)where the court held that a denial of compensation by a state court was an act of the state that constituted a denial of due process of law as provided in the fourteenth amendment? 7. Whether or not the Supreme Court ruled in June 2019 to overturn part of Williamson County that required state venue action be taken first, allowing iii taking-compensation cases to be brought directly to federal court? 8. Whether or not there is a statute of limitations for the payment of just compensation? 9. What form can be used to circumvent a taking payment of just compensation? “The mere form of the proceeding instituted against the owner... cannot convert the process used into due process of law, if the necessary result be to deprive him of his property without compensation.”