Court Rules on Abuse of Eminent Domain

3 March 2004 - 12:00pm

The Colorado Supreme Court overturned a city's effort to condemn part of a lake to make way for a Wal-Mart development.

A recent court case has led to renewed concern over the reaches of government powers to condemn property for economic development purposes. The Urban Renewal Authority of Arvada, CO, initially sought to add a portion of a lake to an adjacent urban renewal district in an effort to "woo" a Wal-Mart development. "'I think the court is sending a message to urban renewal authorities - you've gone too far,' said Allan Hale, a Denver lawyer who specializes in eminent domain law. 'The courts have not reined them in, until now.'"

Source: The Denver Post, March 2, 2004
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All of that only scratches the surface of what's wrong with this study. The idea that complex urban development patterns and human behavior can be meaningfully studied according to one primary criteria — density — is wrong from the start.