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Old April 20 2013, 07:49 PM   #154
MacLeod
Admiral
 
Location: Great Britain
Re: Did Picard make the right decision with the Son'a/Baku

Edit_XYZ wrote: View Post
First - such legal quibbles as arguments are used only because your side has run out of other, more fundamental objections, MacLeod:
Concerning the moral side, your position is falimentary;
Even with regards to the legal side (as per current law, that is), as long as you don't come with highly improbable speculation such as your last post, you have no argument (simply put, the federation has AT LEAST* the legal right to invoke eminent domain; it didn't only in order for the baku NOT to appear as the elitist jerks who could care less about anyone else they are).

Second:
The baku did not settle unclaimed space.
Why?
Because when this space was claimed by the klingons, they would have searched their new property and evicted these few hundreds of luddites with extreme prejudice, especially considering what a clement/valuable M class world these luddites were on.

The baku's possession of that planet - during klingon reign, at least - was not visible, but hidden - if it was visible, the klingons would never have allowed it.
And hidden possession will not lead to adverse possession no matter how much time passes.
As for the federation - even if it knew about the baku and let them stay on the planet: possession by the allowance of the owner will never lead to adverse possession, no matter how much time passes.

*Eminent domain is invoked to get land from its rightful owner, for reasons of public utility/interest, after compensation - and it doesn't matter whether this owner got his land before or after the forming of the country that incorporates his land.
When it comes to tresspassers - as the baku are - one just evicts them.
Well we don't know the exact date the Ba'ku settled the world or the date that the Klingons claimed that area of space. If the Ba'ku settled on that world prior to the Klingons claiming that region of space. Then they aren't guilty of tresspassing.

And how was their colonisation hidden? Was the planet cloaked, was the settlement concealled somehow? From memory no artifical means where used to hide the colony. The fact that the planet was in the middle of a nebula is irrelevant. If you had explored the nebula you would likely have discovered it.

And you now the thing about eminant domain is that you have the right to appeal against it. Sure your government can want to takeyour land from you but.

1.>They have to compensate you for it fairly
2.>You can appeal against any sort of compulsary purchase

So what compensation were the Ba'ku getting?
When where they informed about they forced relocation, so they could appeal against it through the Federation courts.

If someone comes into your home without your permission they are tressapsing. If however you own a peice of land in another area of the country and someone lives on that for decades without you objecting the offense is squatting.

But we don't know exactly how the Federation defines crime as opposed to how they are defined today in various countries.
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