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
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
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."
Whether the City of Ozark's appropriation of private property for public use without just compensation violates due process and eminent domain principles