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[Exploration] Repeal #766 "Convention on Expropriation"

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Providence Plantations and Rhode Island
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[Exploration] Repeal #766 "Convention on Expropriation"

Postby Providence Plantations and Rhode Island » Sat Jan 18, 2025 5:17 pm

Act Text:

Recognizing that states throughout the multiverse engage in the seizure of covered property for the benefit of the public or the provision of social services, often as a necessity for the greater good of the people,

Affirming the right to not be arbitrarily deprived of covered property as a human right which nations should protect through reasonable legal measures,

Understanding that certain states have taken to the practice of eminent domain, whereby adequate compensation is provided for the expropriation of covered property,

Seeking to ensure that no unfair or unjust expropriation of property violate the rights of the citizens while empowering states to participate in fair and just practices of eminent domain,

Hereby, subject to past WA legislation still in force,

Defines, for the purposes of this resolution:

"covered property" as all property which is either not used to create wealth or only used to create wealth by the owner of the property themselves,

"expropriation” as the act of a government of legally transferring covered property from an individual to the state regardless of the permission of its owner,

"indirect expropriation” as the act of a government restricting an individual’s covered property rights to such an extent that it has de facto expropriated the property,

Reiterates that this resolution is meant to protect merely covered property and no other types of property, while nonetheless not prohibiting any future restrictions on the protection of other property, and that nothing in this resolution should be otherwise read,

Exempts from this resolution cases where:

expropriation is performed on property demonstrably being used for a crime or on property the ownership of which is illegal in itself, such expropriation is necessary for public safety, and the expropriation was ordered, as part of a criminal sentence, by a court, or

expropriation is done on a national scale to every example of a piece of property, such as but not limited to ownership of land,

Prohibits:

indirect expropriation in all member states,

expropriation which unfairly targets individuals based on their immutable characteristics, religion, or social class,

Requires that expropriation be done for public use, and for any property gained through expropriation to be the property of the state, not a private individual or entity,

Directs member states to attempt in good faith to utilize already owned property for the task or project before expropriating the covered property of individuals,

Mandates adequate compensation so that:

in the case of covered property which serves as the sole housing of one or more occupants, the owner(s) of expropriated property may promptly replace their lost property to a similar or higher quality and general nature, and ensure the continued stable living condition of the occupants,

in all other cases, compensation is matched to, or greater than, market prices according to prevailing economic trends and adjusted for inflation, as a fair measure of the covered property’s value.


I want to repeal #766 "Convention on Expropriation" for the following reasons:

1) Ambiguity of definitions: The act's definition of covered property is weak and easily exploitable by a half conscience politician.

2) No real protection against abuse: While it prohibits indirect expropriation and discrimination, it doesn’t fully safeguard against potential misuse of eminent domain powers under the guise of "public use".

3) Insufficient Compensation Standards: Adequate means something is satisfactory to one's need. This does not account for historical or emotional value, or the costs associated with buying a new property.
Last edited by Providence Plantations and Rhode Island on Sat Jan 18, 2025 6:04 pm, edited 1 time in total.
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The Overmind
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Postby The Overmind » Sat Jan 18, 2025 5:31 pm

This is not a repeal draft.
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Postby Providence Plantations and Rhode Island » Sat Jan 18, 2025 6:04 pm

The Overmind wrote:This is not a repeal draft.


You're right, I should have put "exploration" or "consider". I'll fix that!
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Postby Fachumonn » Sat Jan 18, 2025 6:17 pm

Providence Plantations and Rhode Island wrote:
The Overmind wrote:This is not a repeal draft.


You're right, I should have put "exploration" or "consider". I'll fix that!

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Providence Plantations and Rhode Island
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Postby Providence Plantations and Rhode Island » Sat Jan 18, 2025 6:25 pm

This is why I hate using forums. You have those who seek to be helpful and then you have those who just want to be as unhelpful as possible.
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Mossex
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Postby Mossex » Sat Jan 18, 2025 6:28 pm

I think what they're trying to say is you can only repeal in one draft, not make another one to cover the same topic. That would ened to be separate.
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Postby Elyreia » Sat Jan 18, 2025 6:35 pm

Repeals may not legislate.

You would be required to write a Repeal resolution, and then write a second Replacement resolution if that's what you desire.
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Providence Plantations and Rhode Island
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Postby Providence Plantations and Rhode Island » Sat Jan 18, 2025 7:19 pm

Elyreia wrote:Repeals may not legislate.

You would be required to write a Repeal resolution, and then write a second Replacement resolution if that's what you desire.


That's what I seek to do. I want feedback on if my concerns are valid.
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Postby Fachumonn » Sat Jan 18, 2025 7:33 pm

Providence Plantations and Rhode Island wrote:This is why I hate using forums. You have those who seek to be helpful and then you have those who just want to be as unhelpful as possible.

If you're referring to me (which I assume you are), I wasn't intending to be unhelpful, I was genuinely confused. I had no idea what you meant by "exploration" (as this is not a commonly used term), nor what you were trying to do with the draft at all.

Regarding the draft, I can't say I support it at this time. Look to clear up your arguments and provide a convincing case. As it stands, I'm not sure the target deserves repealing.

Edit: You list your main arguments at the bottom. If you are seeking to repeal, make sure to use these arguments in a clear way in your resolution. Repeals do not have to be a long text.

Edit 2: I would try to familiarize yourself with the GA. Repeals and Replacements are usually separated into two different drafting threads, as they are two different resolutions.
Last edited by Fachumonn on Sat Jan 18, 2025 7:37 pm, edited 3 times in total.
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Postby The Overmind » Sat Jan 18, 2025 11:07 pm

I typically do more to welcome people to the GA, but I am very busy for a few days here, and the most pertinent thing that I'm trying to get across to you is that you have not written a repeal. My advice, at this stage, is to read passed repeals to see why. If you wait a few days, I may be more helpful.
Last edited by The Overmind on Sat Jan 18, 2025 11:08 pm, edited 1 time in total.
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Postby Providence Plantations and Rhode Island » Sun Jan 19, 2025 5:00 am

You are correct, this is not yet a draft and it never was. I came to this forum to get ideas for my repeal and potential replacement resolution. I know you are trying to be helpful, but read my entire post before commenting. You are waisting my time.
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The Overmind
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Postby The Overmind » Sun Jan 19, 2025 11:28 am

Providence Plantations and Rhode Island wrote:You are correct, this is not yet a draft and it never was. I came to this forum to get ideas for my repeal and potential replacement resolution. I know you are trying to be helpful, but read my entire post before commenting. You are waisting my time.

Alright, good luck then.
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Postby Pathonia » Sun Jan 19, 2025 11:35 am

I may be mistaken, but I think you have both a replacement and a repeal in your draft.

The 'repeal', as I see it, are those bolded listed bullet points with the reasons of why you want to repeal it- which could be expanded upon to further argue in favour of your position.

The 'replacement' is the bulk of the post, with the pieces that required nations to do things.

For the replacement text, appropriately capitalising the starts of the various points would probably be my biggest suggestion on improvement.
[EDIT: I think the lowercase sentence starters are where the bullet points for the [list] bbcode would go, maybe]
Utilising the [list] bbcode certainly would help out too, for organising your points there.
Last edited by Pathonia on Sun Jan 19, 2025 11:36 am, edited 1 time in total.
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The Overmind
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Postby The Overmind » Sun Jan 19, 2025 11:41 am

Pathonia wrote:I may be mistaken, but I think you have both a replacement and a repeal in your draft.

The 'repeal', as I see it, are those bolded listed bullet points with the reasons of why you want to repeal it- which could be expanded upon to further argue in favour of your position.

The 'replacement' is the bulk of the post, with the pieces that required nations to do things.

For the replacement text, appropriately capitalising the starts of the various points would probably be my biggest suggestion on improvement.
[EDIT: I think the lowercase sentence starters are where the bullet points for the [list] bbcode would go, maybe]
Utilising the [list] bbcode certainly would help out too, for organising your points there.

Also, as repeals and replacements are separate submissions to the queue, they typically have separate drafting threads, because this is a mess to try to trawl through, and very few nations have any interest in parsing which responses are to the repeal or to the replacement, let alone trying to respond to both simultaneously. Also, an "exploration" is not something authors typically do. It's a request for feedback on something not even drafted yet. Generally speaking, there are occassionally pre-drafts, but that's precisely what they are: skeleton drafts that will be fleshed out once crucial details are nailed down, not just a discussion about what appears to be a fully written draft that isn't a draft.
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Postby Providence Plantations and Rhode Island » Sun Jan 19, 2025 1:00 pm

Pathonia wrote:I may be mistaken, but I think you have both a replacement and a repeal in your draft.

The 'repeal', as I see it, are those bolded listed bullet points with the reasons of why you want to repeal it- which could be expanded upon to further argue in favour of your position.

The 'replacement' is the bulk of the post, with the pieces that required nations to do things.

For the replacement text, appropriately capitalising the starts of the various points would probably be my biggest suggestion on improvement.
[EDIT: I think the lowercase sentence starters are where the bullet points for the [list] bbcode would go, maybe]
Utilising the [list] bbcode certainly would help out too, for organising your points there.


Thanks for the tips. I am starting a repeal as we speak. Should be out by 8pm CST. I will post it here.
Last edited by Providence Plantations and Rhode Island on Sun Jan 19, 2025 1:01 pm, edited 1 time in total.
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