Discussion: Donald Sterling: 'You Can't Force Somebody To Sell Property In America!'

Discussion for article #222553

Well alright then, enjoy your league of 1…And those players you used to have; they signed contracts to play in the NBA, not the Sterling league of 1, so you might wanna find some new ones. Have fun. Hope the team’s value doesn’t drop too much.

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Wrong. The NBA, according to the contract Sterling signed, can do exactly that.

If he doesn’t sell, they can kick the Clippers out of the league.

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They did it to Ma Bell they can certainly do it to him.

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Profit as part of a legal monopoly/cartel, lose as part of a legal monopoly/cartel.

I’d like to hear from his schoolmates for their opinion before accepting the SterlingBiGot’s take on his claim of his racial inclusiveness.

Eminent Domain. Not that that applies to an NBA franchise but it’s one clear example of where people can be forced to sell property.

I wonder if billionaire developer Sterling has ever benefited from the government’s use of eminent domain to clear obstacles to one of his projects?

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Simple solution:

  1. NBA allows current Clipper players under contract to void their contracts.

  2. NBA expands, and solicits bids for a 3rd team in LA.

  3. NBA does not schedule the LA Clippers in the 2014/2015 season and beyond.

Problem solved! Donald Sterling can keep his Clippers!

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This guy has a knack for getting his conversations recorded.

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Well players have the choice to not play for your team too. Also, fans have the choice to stay home. Sterling when you say stuff like you give them food, clothes, and cars when in actuality you pay these men to play basketball for money they earn, not given, you don’t deserve to own any basketball team in the NBA. You obviously want to keep ahold of your version of the old plantation down south before the civil war.

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Wrong.
He is subject to the bylaws of the NBA, which he signed as an owner.
If the league says sell, you must sell. Period.

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YOU CAN’T FORCE SOMEBODY TO SELL PROPERTY IN AMERICA!!!

"nor shall private property be taken for public use, without just compensation." Amendment V, United States Constitution

Not to mention forced sale emanating from a judgment lien.

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You moved the plantation without the approval of the other owners, so if you won’t sell your slaves why not give them away.

He’s a fool to not sell right now while he could foment a bidding war. The franchise is at its apex in terms of value. After the season ends in a month or so, and this drags on and players demand that their contracts be voided due to a hostile work environment, this franchise will revert to its historically shitty status and valuation.

He’s pissing away millions on a daily basis. He’s a fool.

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I really hope he keeps this act up long enough to lose a couple of players and half his executives, as the value of the team plummets.

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Au contraire, mon ami.

Ever hear of Eminent Domain? Oh, yeah, you’re rich. Why would you have ever heard of it?

And your fellow owners DO have the power to force the sale.

“That would require Silver or another owner to charge Sterling with violating Article 13(d) of the NBA’s Constitution and bylaws, which addresses acts that could lead to the termination of ownership. A hearing would then be held and require a three-fourths vote of the board of governors for approval.”

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“Donald Sterling: You Can’t Force Somebody To Sell Property In America!”

Unless you’re Walmart looking to bulldoze a neighborhood for a Supercenter….

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Well, I’m a lawyer too. And it turns out, private parties can contract to do pretty much any damn thing they please as long as it doesn’t involve criminal activity, violate public policy (which is quite narrowly defined) or the provision of sexual services in a state other than Nevada.

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Cue the world’s tiniest violin for the billionaire real estate mogul. Forcing property owners to sell is done everyday in this country.

Governments and corporations use eminent domain. Condo boards and co-ops use their by-laws.

Somewhere in his real estate past, Sterling has had to have come across situations involving both or condo ousters.

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He’s probably narrowly correct in that cannot be forced to sell the Clippers.

However, he is wrong in all other regards. He has no right to play in the NBA without the permission of the NBA. The NBA has the right to establish another team in his location as well, that will be able to play in the NBA.

Stirling might be able to retain his players, paying their salaries as long as they are contracted, and may even have right to use the basketball stadium where the Clippers play, assuming he pays the rent.

But if his team isn’t in the NBA, and lacking a competing league, it is hard to see how there is very much value in those rights, while the financial obligations to pay contracts and rent facilities remain extremely considerable.

Stirling is like a diver claiming he has legal right to be on the bottom of the sea, while he forgets the people supplying him with air have no legal obligation to continue pumping it down to him.

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