Federal taking claims are based on the Fifth Amendment to the Constitution which states,
        
         "[N]or shall private property be taken for public use without just compensation."

It's on this amendment and wording that taking claims, whether property is taken for public use or through the wrongful acts of public officials acting under color of law, are based.

There are five basic kinds of inverse condemnation taking claims: (1) the per se physical occupation claim, (2) categorical claim where the deprivation of all economically beneficial use is alleged, (3) facial taking claims, (4) as applied taking claims, and (5) unconstitutional conditions/exactions taking claims.

Information obtained from: http://landuselaw.wustl.edu/takings_update.htm

If you have experienced a taking by government action, we'd like to hear from you about your experience. Please leave a comment.

WANTED! Media Publicity

In December 2004, the Michigan legislature passed Public Act 495 as part of an overhaul of the Michigan Vehicle Code. At a point when passage was imminent, and in relative secrecy, new requirements for auto dealers were added to Bill 4231, which became P.A.495. These new mandates were responsible for eliminating hundreds of small businesses throughout the state. We were one of those unable to renew our licenses because of the new mandates.

 Research shows that procedural requirements were bypassed in the passage of P.A. 495, and it appears the actions of legislators violated Michigan Constitution. We were told the law was paid for by large auto dealer associations to limit competition in the marketplace. I authored a book based on our findings and experience.

“Under Color of Law” is the story of our journey as small business owners and entrepreneurs, and the devastating effects of P.A. 495 on those caught in its crosshairs. It’s a compelling true story of our search for justice and an enlightening account of what can happen when government operates without parameters or accountability, and at the behest of those with money and power.

“Under Color of Law” has won the Aspiring Writers Association of America’s 2015 Manuscript Critique Award, and is slated for publication later this year on Amazon.com, and in paperback. It exposes how legislators sidestepped critical mandates and procedural guidelines to accomplish what it appears lobbyists and big businesses desired; and highlights how devastating laws can be when legislators are allowed to conduct business in such a reckless and egregious fashion.

I am looking for media publicity to promote “Under Color of Law,” and forums in which to address these actions. It is our desire that the book and publicity surrounding it will help to open dialogue and illicit changes in the legislative process to prevent the devastating results P.A. 495 had on businesses in our state, as well as the customers who depended on them.

 

If you have any ideas, please contact me at undercoloroflaw@gmail.com, or leave a post.

UNDER COLOR of LAW

Local Author, Local Story

* About muscle cars,

* the dream of small business ownership,

* and the search for justice when government violates its own laws

The Story of Public Act 495

The Civil Rights Act of 1871 now 42 U.S.C.A Section 1983 “SECTION 242.  Deprivation of rights under color of law.”

“Whoever, under color of law, statute, ordinance, regulation, or custom, subjects or causes to be subjected, any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights privileges, or immunities secured or protected by the Constitution or laws of the United States…shall be liable to the party injured in an action at law, Suite in equity, or other proper proceeding for redress…

 

P.A. 495 was passed in December of 2004 by the Michigan Legislature, and signed into law on December 27, 2004 by Governor Jennifer Granholm. This law had far-reaching effects, some of which were not anticipated by the Legislators, or even those behind it. For many caught in its cross-hairs, life would never be the same. We were among those. "Under Color of Law" is our story.

Excerpt from "Under Color of Law"

Our little enterprise grew, as did Joe’s reputation as an expert in the early muscle cars and classics. He became known, not just for having rare and hard to find parts, but also for his knowledge and ability to find these desirable cars...It was not unusual to have a variety of muscle cars in our yard. I looked out one day to see two Camaro Z-28s; the distinctive white stripes emphasizing their pedigree. I snapped a picture of the twin Z’s, and wondered how many car buffs dreamed of having a driveway that looked like ours.

                                

                          A picture of our driveway at our house in Flint back in the early ’80’s

 

Manuscript Submitted!

This is a big day! The manuscript has been submitted to the publisher along with all of the supporting documents. Now the editing and cover design needs to be done. Will start contacting media outlets with a press release and looking for promo opportunities soon. Looking for others who have experienced government intrusion into their property rights or civil liberties. Tell us your story.

Contract signed! Today a contract was signed with Hatchback Publishing for publication of Under Color of Law. This is a huge step in the process, brought about by winning the 2015 AWAOA Manuscript Critique contest. All materials are slated to be delivered by August 31st. A mock up of the cover has been done, and editing of the book will be next. On schedule for a November or December book launch.