94-491: Harry Milner Whittington (March 3, 1927 – February 4, 2023) was an American lawyer, real estate investor, and political figure. He received international media attention following an incident on February 11, 2006, when he was accidentally shot in the face, neck, and torso by then-United States vice president Dick Cheney while hunting quail with two women on a ranch in Kenedy County, Texas , near Corpus Christi . It
188-401: A covey of birds. While Whittington was searching for a downed bird, Cheney, Willeford, and a guide walked towards another covey about 100 yards (91 m) away. Whittington approached within 30 or 40 yards (27 or 37 m) of the shooters, at which point a single bird flew up, around, and behind Cheney in the direction of Whittington. Cheney shot at the bird and hit Whittington. Armstrong,
282-595: A quail hunting trip, at a ranch in south Texas. Most of the damage from the shotgun blast was to the right side of his body, including damage to his face, neck, and chest, causing a collapsed lung. He was taken to Corpus Christi Memorial Hospital by ambulance and put into intensive care. The accident was not announced in the news media until the White House confirmed the incident to the Corpus Christi Caller-Times approximately 12 hours after
376-408: A "step-down unit" on Monday. Doctors decided to leave about 30 birdshot pellets lodged in his body rather than try to remove them. Each pellet was less than 2.5 mm (0.098 in) in diameter. On February 14, 2006, at 6:30 a.m., Whittington suffered a minor heart attack and atrial fibrillation due to the shot pellets lodged in or near his heart, as well as a collapsed lung. He
470-546: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of
564-480: A call in a few days to get the written affidavit". There is no public record of the promised affidavit being taken or released. The Kenedy County Sheriff, Ramon Salinas III, has since cleared Cheney of any criminal wrongdoing. Bush appointed Katharine Armstrong, a commission member of the Texas Parks and Wildlife Department. Steve Hall, education director for the Texas Parks and Wildlife Department, said that
658-468: A clear shot before firing, and fired without being able to see blue sky beneath his target. The Washington Post also reported that Cheney had still neither publicly nor privately apologized to Whittington for the shooting. Whittington married Mercedes Baker in 1950, and they had four daughters. He died at his home in Austin on February 4, 2023, at age 95, from complications of a fall he sustained earlier in
752-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with
846-546: A hunter re-created it according to the Whidbey News-Times . All tests proved that the distance was much closer than the 90 feet (27 m) claimed. Local quail hunters have also argued that the range was closer, while others, such as forensic expert Jon Nordby, confirm the plausibility of the official reports. The time of the shooting was estimated by Cheney and the other members of the hunting party to be variously between 5:30 p.m. and 6:00 p.m. In
940-422: A legal case involving the eminent domain seizure of a city block of property he owned in Austin. In 2013, after various court proceedings, a Texas district court awarded the title of the property to the city of Austin and ordered the city to pay Whittington $ 10,500,000 in compensation for the property. On February 11, 2006, Whittington was accidentally shot by then-United States vice president Dick Cheney during
1034-619: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for
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#17327917209011128-581: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of
1222-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to
1316-399: A public statement: "We all assume certain risks in whatever we do. Whatever activities we pursue and regardless of how experienced, careful and dedicated we are, accidents do and will happen." After being released from the hospital, he issued the following statement: "My family and I are deeply sorry for all that Vice President Cheney and his family have had to go through this week." Following
1410-664: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over
1504-459: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus
1598-440: A variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in
1692-403: A way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in the eminent domain action. Takings may be of
1786-536: A written affidavit as soon as he returned home to his office. Whittington characterized the incident as an accident and said no alcohol was involved and that everyone was wearing proper hunting attire. Whittington described shooting at the first covey of quails, searching for a bird, then being sent by Katharine [Armstrong] to shoot the second covey. At that point, "a nurse came into the room and asked Guzman and Salinas to hurry up so Whitington could rest". The officers then left, telling Whittington, "I [Miguel] would give him
1880-697: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and
1974-778: Is cited as a critical figure behind Texas' shift from being dominated by the Democratic Party to the Republican Party in the latter half of the 20th century. Though his parents were Democrats, Whittington, attracted to the Republican party's ideals of smaller government and lower taxes, aligned himself more with the GOP. After graduating from the University of Texas at Austin, he entered into state Republican circles. He managed John Tower 's successful 1961 run for
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#17327917209012068-705: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,
2162-494: Is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even the taking of a professional sports team 's franchise has been held by the California Supreme Court to be within
2256-443: Is in fact a hunting accident" and that he [Medellin] had spoken with some of the people in the hunting party who were eyewitnesses and that they all said that it was definitely a hunting accident. Salinas says he [Salinas] also spoke with another [unnamed] eyewitness and he[the witness] said the same thing, that it was an accident. Salinas states in his report: "After hearing the same information from eyewitness and Constable Medellin, it
2350-469: Is reported to have said that they gave notice to the Sheriff about one hour after the shooting, which would put the time of the shooting at approximately 4:40 p.m., 50 – 80 minutes before the entire hunting party's recollection. For years afterward, editorial cartoons and comedians continued to crack jokes about the incident. Cheney was criticized for his handling of
2444-421: Is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise
2538-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where
2632-603: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish
2726-798: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which
2820-568: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation
2914-526: The Phi Delta Theta fraternity . While enrolled in university, he worked in a men's clothing store and as a booking agent for dance bands. At age 18, during the final months of World War II , he enrolled in the military . He served until the end of the war. Following his time in the military, he resumed his education, graduating from the University of Texas Law school in 1950. Whittington
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3008-504: The White House said to Time magazine, "This is either a cover-up story or an incompetence story." Questions have been raised regarding the shooting, even as Kenedy County Sheriff's Office documents support the official story by Cheney and his party. Re-creations of the incident were enacted by George Gongora and John Metz, a photographer and producer respectively for the Corpus Christi Caller-Times . Also
3102-400: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A,
3196-453: The 50,000-acre (200 km ) Armstrong Ranch. However, in her statement to the Sheriff, she said the shooting happened on February 12. Harry Whittington said shortly after the incident, "Accidents do and will happen — and that's what happened last Friday (February 10)." Mary Matalin stated on Meet the Press that "Somebody had talked to some ranch hand". Neither
3290-511: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have
3384-631: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of
3478-659: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens
3572-708: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with
3666-607: The Kenedy County Sheriff's Report, Officer Ramone Salinas III states that he first heard the news of the shooting from a Captain Charles Kirk at about 5:30 p.m. Kirk had heard of the shooting prior to that phone call. In Salinas's statement, Salinas says he received official notice from the Secret Service 8 – 10 minutes after the 5:30 p.m. phone call. The Secret Service
3760-579: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of
3854-704: The Office of Patient Protection Executive Committee (a committee formed by the governor of Texas to ensure the rights of patients), the Texas Public Finance Authority Board, and the Texas Department of Corrections. In the 1980s, as an appointee of Gov. Bill Clements to the Texas Corrections Board, he was instrumental in bringing about reforms necessary for Texas to comply with a federal court order that found
Harry Whittington - Misplaced Pages Continue
3948-466: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from
4042-585: The President first learned that Cheney had shot Whittington. When McClellan was asked if Andy Card had told Karl Rove that Cheney was the shooter, McClellan said: "... we still didn't have all the details at that point and additional details were coming into Andy Card at even three [...] in the morning and beyond." The White House did not disclose the accident until a press conference on Sunday afternoon. McClellan said he did not know Cheney had shot someone until that Sunday morning. He remarked that he did ask
4136-609: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,
4230-433: The Sheriff's report nor witness statements identify who this first reporter was. The Secret Service said that they gave notice to the Sheriff about one hour after the shooting. Kenedy County Sheriff Ramone Salinas III states he first heard of the shooting at about 5:30 p.m. from Captain Charles Kirk, and Salinas implies that he received 'official' notice from the Secret Service at about 5:40 p.m. The time of
4324-521: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as
4418-639: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",
4512-526: The US Senate in Texas, the first successful Republican bid in the state since Reconstruction. He also accompanied future president George H. W. Bush in his failed 1964 bid to become Texas state senator , and financially backed his son, future president George W. Bush , in his 2000 and 2004 election campaigns . Over the years, Whittington had been appointed to several committees and commissions, including
4606-668: The Vice President took Whittington to close by Kingsville before he was flown by helicopter to Corpus Christi Memorial Hospital in Corpus Christi . At the scene: In a car at an unstated distance away from the shooting: On February 13, 2006, the Texas Parks and Wildlife Department (an agency once headed by Armstrong) issued an incident report. According to the report, Cheney "was swinging on game" (i.e. turning to track it with his shotgun). The summary of
4700-486: The Vice President's office to release the information earlier. He said: "I think you can always look back at these issues and look at how to do a better job." On February 15, Cheney agreed to comment publicly about the accident on the Fox News Channel . He had previously avoided reporters by leaving an Oval Office meeting with United Nations Secretary-General Kofi Annan . Cheney visited Whittington in
4794-413: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be
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#17327917209014888-463: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,
4982-611: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of
5076-573: The department would classify the shooting as an error in judgment by Cheney. The news of the shooting was not released to the press for 21 hours until 1:48 p.m. (07:48) Sunday, February 12. Kathryn Garcia, a reporter for the Corpus Christi Caller-Times , broke the story after receiving a call from Armstrong at 11:00 a.m., after confirming it with the White House and hospital. A top Republican close to
5170-448: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation
5264-402: The functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take
5358-581: The government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However
5452-426: The government to seize the property of low-income residents. Following a city council election, Whittington contested the vote in court and after a ten day trial, the election was deemed void by a judge due to the high number of disqualified votes. In 1984, he also legally contested the city over its attempt to enforce invalid ordinances against various downtown properties he owned. In 2000, Whittington began fighting
5546-538: The hospital on Monday, February 13, and at other times, telephoned him. In the Fox News interview, Cheney accepted full responsibility for the accident. Cheney acknowledged that White House Counselor Dan Bartlett and Scott McClellan "urged us to get the story out". Cheney said he was more concerned about accuracy and felt that Armstrong was the best person to make the announcement. Secret Service spokesman Eric Zahren said that about an hour after Whittington
5640-494: The incident given was: Whittington downed a bird and went to retrieve it. While he was out of the hunting line, another covey was flushed and Cheney swung on a bird and fired, striking Whittington in the face, neck, and chest. The report cited clear and sunny weather at the time of the shooting. Whittington was injured in the face, neck, and upper torso. Whittington was reported to be in stable condition at Corpus Christi Memorial Hospital and had been moved from intensive care to
5734-418: The incident until February 15 in an interview with Fox News . Early reports indicated that Cheney and Whittington were friends and that the injuries were minor. Whittington later clarified that he and Cheney were not close friends but acquaintances. The shooting was widely reported to have taken place on Saturday, February 11, 2006, based on the public statements of Katherine Armstrong, owner of
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#17327917209015828-526: The incident, Whittington returned to private life and refused many media offers for interviews. In an October 2010 issue of The Washington Post , he broke his silence about the shooting. Whittington told the paper that although many media outlets had described Cheney and him as "good friends", the pair had only met one another three times in 30 years, and had never been hunting before. The Washington Post article also said that Cheney had violated "two basic rules of hunting safety": he failed to ensure that he had
5922-477: The incident. On February 14, some of the lead birdshot lodged in Whittington's heart caused a minor heart attack. Doctors did not remove all the pellets from Whittington's body. They estimated that there were "less than 150 or 200" pellets lodged in his body immediately after the shooting, and about 30 pieces of shot were expected to remain inside him for the rest of his life. On February 17, Whittington made
6016-575: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,
6110-471: The matter. According to polls on February 27, 2006, two weeks after the accident, his approval rating had dropped 5 percentage points to 18%. Whittington died of complications from a fall on February 4, 2023, at the age of 95. Eminent domain Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation ,
6204-425: The morning that she would inform the news media about the incident. She said Cheney agreed. Armstrong said that Whittington did not announce his location, and this led to the incident. According to White House Press secretary Scott McClellan , news at the White House about the shooting "... was coming in to people back here, all the way at 3:00 a.m. [Sunday] and beyond." McClellan would not state when
6298-590: The new LARR (amendment) ordinance 31 December 2014 diluted many clauses of the original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by
6392-492: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted
6486-405: The property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any private property when the new third-party owner could develop the property in such
6580-407: The property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of a mine seized during World War II). In most takings owners are not compensated for
6674-601: The purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to the [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to
6768-408: The ranch owner, claimed that all in the hunting party were wearing blaze-orange safety gear and none had been drinking, and that at lunch they drank beer , which is slightly contradictory to her later statement that "there may (have been) a beer or two in [the lunch coolers], but remember not everyone in the party was shooting." Cheney has acknowledged that he had one beer four or five hours prior to
6862-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for
6956-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by
7050-571: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of
7144-434: The shooting incident to the public the afternoon of February 12. Local authorities released a report on the shooting on February 16, 2006, and witness statements on February 22. On February 14, 2006, Whittington suffered a non-fatal heart attack and atrial fibrillation due to at least one lead shot lodged in or near his heart. He also had a collapsed lung . Cheney did not speak publicly about
7238-514: The shooting occurred on Saturday, February 11, news of it was not released until after 2:00 p.m. ( Eastern Standard Time ) on Sunday, February 12. Kathryn Garcia, a reporter for the Corpus Christi Caller-Times , broke the story at 1:48 p.m. after receiving an 11:00 a.m. call from Katherine Armstrong, the owner of the ranch where the shooting occurred. Armstrong had notified Cheney earlier in
7332-430: The shooting was not stated by Cheney. Cheney had a televised interview about the shooting on February 15. On February 22, the Sheriff's office released statements from Katherine Armstrong, Sarita Hixon, Pamela Pitzer Willeford, Oscar Medellin, Gerardo Medellin, and Andrew Hubert. Cheney's statement and those of all six other hunting party members specify that Cheney, Whittington, and Willeford had shot at
7426-561: The shooting. Armstrong said she never saw Cheney or Whittington drink until later at the house, where Cheney had a few cocktails. Armstrong did not actually see the incident happen, believing that the reason Cheney's security detail was running was that Cheney had a heart problem, but Cheney described her as an eyewitness in his Fox interview. Secret Service agents and medical aides, who were traveling with Cheney, came to Whittington's assistance and treated his birdshot wounds to his right cheek, neck, and chest. An ambulance standing nearby for
7520-503: The state's treatment of its prisoners unconstitutional. Whittington was named presiding officer of the Texas Funeral Service Commission after a major shakeup of the agency in 1999. He was appointed by then- Texas Governor George W. Bush and re-appointed in 2002 by Governor Rick Perry . In 1959, Whittington challenged Austin's involvement in the controversial Federal Urban Renewal Program which enabled
7614-449: The state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of
7708-631: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout
7802-521: The subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by the Dutch jurist Hugo Grotius in 1625, which used
7896-543: The term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this
7990-586: The year. Dick Cheney hunting accident On February 11, 2006, then- United States vice president Dick Cheney shot Harry Whittington , a then-78-year-old Texas attorney , with a 28-gauge Perazzi shotgun while participating in a quail hunt on a ranch in Riviera, Texas . Both Cheney and Whittington called the event an accident. The incident was reported to the Corpus Christi Caller-Times on February 12, 2006, by ranch owner Katherine Armstrong. The Bush administration disclosed
8084-402: Was added to the constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If
8178-590: Was at this time I decided to send my Chief Deputy first thing Sunday morning to interview the Vice-President and other witnesses." On Sunday morning, Kenedy County Chief Deputy Gilbert San Miguel Jr. interviewed Cheney and other members of the hunting party. He said that Cheney characterized the incident as a "hunting accident". On Monday, Miguel and Lt. Juan J Guzman went to Spohn Memorial Hospital to interview Whittington. Whittington requested not to be recorded 'due to his voice being raspy' but agreed to supply
8272-469: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner
8366-684: Was fine and I [Salinas] would contact someone at the Ranch". Multiple news sources reported that local law enforcement officers were initially barred by United States Secret Service agents from interviewing Cheney. After dismissing Kirk, Salinas called Constable Ramiro Medellin Jr to ask for information about the accident. None of the police reports say why Salinas thought to call Medellin or where Salinas thought Medellin was. In that first call to Medellin, Salinas reports Medellin saying only he would call Salinas back. Medellin called Salinas back and said that "This
8460-412: Was immediately moved back to the intensive care unit. At about 9 a.m., Whittington underwent a cardiac catheterization test to detect blocked or leaky arteries. From the test, doctors found a single lead pellet. Hospital officials said Whittington was alert and stable and that he did not experience chest pain or other symptoms of a heart attack. Doctors reported signs of inflammation, and Whittington
8554-470: Was performed by the Kenedy County Sheriff's department and published in an Incident Report written by Chief Deputy Gilberto San Miguel Jr, a Supplement Report written by Salinas, and several witness statements. After Salinas finished his call with the Secret Service, Kirk called Salinas again to report that he couldn't get any information about the shooting at the Armstrong gate. Salinas told Kirk: "that it
8648-586: Was shot, the head of the Secret Service's local office called the Kenedy County sheriff to report the accident. Kenedy County Sheriff Ramon Salinas III receiving a call of 'official' notice from the Secret Service 8–10 minutes after a Saturday, February 11, 5:30 p.m. phone call from Captain Charles Kirk. Kirk had called Salinas en route to the Armstrong Ranch to investigate a possible hunting accident. The ensuing official investigation
8742-484: Was the first time someone had been shot by a sitting vice-president since Alexander Hamilton was shot in a duel by Aaron Burr in 1804. Harry Milner Whittington was born to Roy and Clara Whittington on March 3, 1927, in Henderson, Texas . He was born in a Democratic family. After attending various local public schools and becoming an Eagle Scout , he attended the University of Texas at Austin in 1944, joining
8836-492: Was treated with anti-inflammatory drugs. Whittington was subsequently discharged from the hospital on February 17, 2006. At a press conference, he said: "My family and I are deeply sorry for everything Vice President Cheney and his family have had to deal with. We hope that he will continue to come to Texas and seek the relaxation that he deserves." In a 2010 interview with The Washington Post , when asked if Cheney had apologized, Whittington declined to answer. Though
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