A New Tale of Cities: How Congress Wants to Fix Eminent Domain–And Why it Should
The San Francisco Chronicle has an article by Prof. Moshe Adler arguing in favor of Congressional legislation which would deny federal funding to cities that abuse eminent domain.
Sensenbrenner's legislation is the most sensible eminent-domain proposal since the Berman vs. Parker 1954 decision that permitted private-to-private transfer of property for urban renewal. Local governments should be its main supporters.
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PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›