More Cities Are Misapplying Eminent Domain

Courts question the use of eminent domain to simply transfer property to another private owner.

1 minute read

July 25, 2001, 8:00 AM PDT

"Under the right of eminent domain, a government can take private property for 'a public use,' the U.S. Constitution's standard for all takings. Cities, however, have increasingly used their power of eminent domain to transfer property from one business to another in the name of redevelopment, and they have done this by stretching the definition of a public use to include everything from bridges and highways to speedways, casinos and BMW dealers." In a series of cases, U.S. courts are ruling that this expanded use of eminent domain exceeds the intended purpose. Is this a backlash against eminent domain?

Thanks to Irene Sherr

FULL STORY: More Courts Rule Cities Misapply Eminent Domain

Monday, July 23, 2001 in Wall St. Journal

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