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Cheektowaga, NY

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LettersDecember 7, 2006 

Stand could have been saved
Dear Editor:

Ja-Fa-Fa Hots, located along Harlem Road and owned and operated by Mr. and Mrs. Michael Zylka, did not need to fall victim to eminent domain laws.

If the roads in question were privately owned - that is, if the roads were funded not by taxpayers but by those who actually use them - no eminent domain issues would impact Ja-Fa-Fa Hots in the first place. If the owners of the roads thought it was economically desirable to expand, they would have to approach Mr. Zylka and effectively purchase easements on Ja-Fa-Fa Hots' property. And you can bet Mr. Zylka would receive fair market value for his property - an issue that wasn't addressed - as he would have no obligation to sell if the benefits of doing so did not outweigh the costs.

While eminent domain regulations may be legal, they are not necessarily just when better alternatives are available. Private property owners will never be assured of fair transactions when the government - armed with all the money, lawyers, accountants, police, and firearms provided at taxpayer expense - reserves a monopoly on the use of force and the willingness to impose it.

Trevor J. Bothwell


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