Federal Eminent Domain

I want to call to your attention a terrific new article by Will Baude that just appeared in the Yale Law Journal.  In this piece, he explains that the federal government never exercised the power of eminent domain within a state until after the Civil War, and that most lawyers thought Congress was constitutionally prohibited from doing so.  The Article then goes on to explain how this changed and thinks through the implications.  It’s worth your time.

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1 Response

  1. Joe says:

    Quite interesting & suggests how constitutional understandings change over time.