We Plead the Fifth

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You have probably heard this said on TV courtroom dramas like Perry Mason or Matlock, where someone on the stand in a trail invokes "the fifth", meaning their right not to self-incriminate. 

However, the Fifth Amendment also protects private property owners from having their land taken by the government unless it is for a public purpose, such as a road, school, dam, public-library, courthouse, jail, etc... 

The taking of private land from one private individual or business to give to another private individual or business is unconstitutional.

So we would like to plead the fifth......

The Fifth Amendment to the
Constitution of the United States of America
1791

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Comment: The Fifth Amendment provides five important protections against arbitrary government actions. First, no one may be prosecuted for a federal crime without first being indicted (formally accused) by a grand jury. Second, a criminal suspect may be prosecuted only once for each crime. If a jury acquits the accused person, there can be no retrial. Third, a person cannot be forced to testify against himself or herself in any criminal case. This is the right against self-incrimination. Fourth, the due process clause bars the government from arbitrarily depriving anyone of life, liberty, or property. Fifth, the government may not take anyone’s private property unless it is necessary for a public purpose and unless the government pays a fair price for it.

Bristol Motor Speedway officials never made a public comment about the Bristol land grab for almost a month.   Sounds like they were taking the fifth as well.  They did not want to "self incriminate" themselves in the "court" of public opinion.    That's their right.   However, your city leaders saying "no comment" was not acceptable as they are public servants who answer to the public, not the other way around.

 

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